Can Your Non-U.S. Spouse Claim Social Security Benefits? Here’s What You Need to Know
You’ve spent your career contributing to Social Security with every paycheck. But now, as you look toward retirement, you may be wondering: ‘’Can my non-U.S. spouse claim Social Security benefits?’’ This is a common question among U.S. expats with spouses who aren’t U.S. citizens.
The short answer?
Yes, your non-U.S. spouse can qualify for Social Security benefits under certain conditions, but various rules apply. These rules depend on where your spouse lives, their country of citizenship, and whether you’re receiving retirement or survivor benefits.
According to the Social Security Administration, over 2 million people receive Social Security payments outside the United States. Among them, a portion includes non-U.S. spouses who benefit from their partner’s contributions. However, the process isn’t always straightforward. Here’s what you need to know to make sure they qualify.
Requirements for Non-U.S. Spouses to Receive Social Security Benefits
Your non-U.S. spouse can qualify for spousal benefits if:
- You have worked and contributed to Social Security for at least 10 years (40 work credits).
- Both you and your spouse are at least 62 years old, although this requirement is waived for caregivers of children under 16 or disabled children.
- You are already receiving your Social Security retirement or disability benefits.
It’s important to note that if your non-U.S. spouse has their own work history in the U.S., they can claim their own Social Security benefits. However, they will only receive whichever benefit is larger—either their own or the spousal benefit.
Survivor Social Security Benefits
If you pass away, your non-U.S. spouse may qualify for survivor benefits. To be eligible, you must have been married for at least nine months, unless your death occurred while in active military service. The surviving spouse can begin claiming these benefits as early as age 60, or age 50 if they are disabled. If your spouse is caring for a child under 16 or a disabled child, they can receive benefits regardless of their age.
Survivor benefits may amount to 100% of your full retirement benefit, depending on when your spouse starts collecting. If they claim benefits early (before full retirement age), they will receive a reduced amount.
Social Security Benefits Ex-Spouses
Even if you are divorced, your non-U.S. ex-spouse may still qualify for ex-spousal benefits, provided that:
- The marriage lasted at least 10 years.
- They are at least 62 years old and have not remarried.
- Your ex-spouse must be lawfully present in the U.S. or a resident of a country that has a Social Security agreement (totalization agreement) with the U.S.
Residency and Totalization Agreements
Where your non-U.S. spouse lives also affects their eligibility. Generally, U.S. citizens and their spouses can receive Social Security benefits while living abroad, except in a few countries like Cuba and North Korea. Totalization agreements between the U.S. and certain countries (including Canada, the U.K., Germany, and others) allow non-U.S. spouses to receive benefits without needing to live in the U.S.
If your spouse lives in a country without a totalization agreement, they may need to have lived in the U.S. for at least five years while married to you.
How Non-U.S. Spouses Can Claim Social Security Benefits
To claim Social Security benefits, your non-U.S. spouse must apply through the Social Security Administration (SSA). If living abroad, they can contact the nearest U.S. Embassy or Federal Benefits Unit to assist with the application. The process includes providing documents such as marriage certificates, proof of your Social Security eligibility, and evidence of residency or citizenship status.
Will My Non-U.S. Spouse’s Social Security Benefits Be Taxed?
Yes, Social Security benefits received by your non-U.S. spouse may be subject to U.S. taxes. If your spouse has other income sources, their Social Security benefits could be taxed on up to 85% of the amount, depending on their total income. In some cases, tax treaties between the U.S. and your spouse’s country of residence could reduce the tax burden.
What Should You Do Next?
If you think your non-U.S. spouse may be eligible for Social Security benefits, start by reviewing the Social Security Administration’s (SSA) guidelines. It’s a smart move to also speak with a tax professional who specializes in expat retirement planning to help you sort through any complexities. This ensures that you and your spouse get the most out of the benefits you’re entitled to.