If you’re planning to retire abroad with a non-US spouse, you may have questions about what Social Security benefits they can claim. Can a foreign spouse receive US Social Security benefits at all? Here’s what you need to know. Show
Yes. In most cases, non-US spouses can claim Social Security benefits. Your foreign spouse will typically qualify for survivor benefits and may also qualify for spousal or dependent benefits. There are exceptions, though. To understand whether your non-US spouse is eligible to receive Social Security benefits, let’s take a look at the requirements. The rules surrounding Social Security benefits for non-US persons are complicated. The exact requirements can vary depending on which country you’ve chosen for your new home. However, there are some general rules to be aware of. In order for your foreign spouse to claim Social Security benefits, the following must all be true:
(If you or your spouse have a child under 16 or a disabled child, the age minimum is waived.) As long as you and your spouse meet these requirements, your spouse should be eligible for Social Security benefits. However, if your spouse continues working while receiving these benefits, they could reach the Social Security earnings limit, reducing the amount they can claim. Note: If your spouse worked in the US long enough to qualify for their own Social Security benefits, they won’t receive two payments even if they also qualify for spousal Social Security benefits. They can only claim whichever of the two payments is larger. US citizens and their non-US spouses can claim Social Security benefits in almost any country in the world. However, there are some exceptions to this. First, no one can claim US Social Security benefits while living in Cuba or North Korea. In addition to this, there are a number of countries where it is generally impossible for the US government to send Social Security payments. These include:
However, certain eligible persons may be able to claim Social Security benefits even in these countries. And regardless, if you move away from one of the above countries, you can claim the Social Security payments that were withheld during your stay. (This does not apply to Cuba and North Korea. Payments that were withheld while living in either of those two countries cannot be claimed even after a move.) Again, the rules for claiming Social Security benefits can vary quite a bit depending on where you and your spouse live. For more information, we recommend consulting a qualified expat tax professional. Yes. If you pass away, your foreign spouse can claim Social Security survivor benefits. To be eligible, you and your spouse must have been married for at least nine months. (Unless you were to die during active military duty, in which case that minimum is waived.) If your spouse is eligible for Social Security spousal benefits, they can begin claiming those benefits once they reach age 60. (If your spouse is disabled, the minimum age is lowered to 50, and if they have a child under 16 or a disabled child, the age minimum is waived entirely.) Once your spouse has reached the minimum age, they can start claiming 70% of your Social Security benefit. If they wait until retirement age, they can claim the full payment. Get the Answers You Need for Your Expat TaxesWe hope this guide has helped you understand how a foreign spouse can receive Social Security benefits. To learn more about your expat taxes—and how you can lower your taxes overseas—just download our free guide: 25 Things You Need to Know About US Expat Taxes. At Greenback Expat Tax Services, we specialize in helping expats around the world manage their US tax obligations. Just contact us, and we’ll be happy to answer any questions you have. Advising clients on Social Security issues is complicated enough. With the added complexity of a non-U.S. citizen as a client, the help you provide as a financial advisor must be even more specific. With financial advisors serving a growing number of non-citizen clients, here are some issues to be aware of. Key Takeaways:
Who Is Eligible for Benefits?For non-U.S. citizens to be eligible for Social Security benefits, they must be in the country legally and have a Social Security number. Non-citizens who are immigrating to the U.S. can often apply for a Social Security number in their home country at the same time that they apply for an immigrant visa with the U.S. Department of State. They can also apply after they arrive in the U.S. by visiting a Social Security office. Non-immigrants (those who are visiting the U.S. temporarily) can obtain a Social Security number by filling out an "Application for Employment Authorization" from the Department of Homeland Security (DHS), which, if approved, grants them permission to work legally in the U.S. Types of Social Security BenefitsThe Social Security Administration runs several different benefits programs. In addition to benefits for retirees and their spouses, it provides survivor benefits for the spouses and children of deceased workers, Social Security Disability Insurance (SSDI) for disabled workers, and Supplemental Security Income (SSI) for older and disabled people with little to no income or financial assets. Eligibility requirements for these programs differ, but except for SSI, most require that the worker have earned at least 40 Social Security work credits. That equates to 10 years of covered work in the U.S. Combining U.S. and Foreign Work CreditsWorkers who haven't earned 40 work credits in the U.S. may still be eligible for Social Security benefits if their home country has a totalization agreement with the United States. These agreements allow non-citizens to combine the credits they earned in both countries in order to qualify. The U.S. currently has such agreements with these countries:
You can find the details of each country's totalization agreement on the SSA website. Receiving Social Security Benefits Outside the USWith the exception of a few countries, workers can receive U.S. Social Security benefits regardless of where in the world they live. In some limited instances, Social Security will stop payments to non-U.S. citizens who have been outside the United States for six full calendar months, but resume them if the person returns to the U.S. These rules are explained in depth in the Social Security booklet "Your Payments While You Are Outside the United States." Whether your client is subject to Social Security taxes depends in part on whether they are in the U.S. as a resident or non-resident alien. Tax Issues for Non-U.S. CitizensPaying Social Security taxes. Resident aliens who work in the U.S. are subject to Social Security and Medicare taxes, just like U.S. citizens. Some non-resident aliens, however, are exempt. Those include, for example, employees of foreign governments who are in the U.S. on A-visas and certain teachers, students, and others, who are in the U.S. on other types of visas. The Internal Revenue Service lists all the exceptions and related rules on its webpage "Social Security/Medicare and Self-Employment Tax Liability of Foreign Students, Scholars, Teachers, Researchers, and Trainees." Taxes on Social Security benefits. As is the case for U.S. citizens, Social Security benefits are taxable if the recipient earns over a certain amount. Unless your client qualifies as a resident alien for tax purposes, the Social Security Administration will generally withhold money from their benefit check. The withholding, which takes the form of a 30% tax on 85% of their monthly benefit, results in a reduction of 25.5%. However, some non-resident aliens are exempt from this withholding or subject to a lower rate, depending on tax treaties between the U.S. and their home country. The Social Security Administration has an Nonresident Alien Tax Screening Tool on its website that you can use to determine whether your client's benefits are subject to withholding or if they qualify for special tax treatment. Can you collect Social Security if you are not a citizen?If lawfully present in the United States and your visa status allows you to work, then you must contact your local Social Security office to apply. What do I need to submit to the Social Security office? You need to prove your identity and work- authorized immigration status.
Can I collect my Social Security if I live in a foreign country?If you are a U.S. citizen, you may receive your Social Security payments outside the U.S. as long as you are eligible for them.
Can a non resident claim Social Security benefits?If you are a nonresident alien receiving retirement, disability or survivors benefits, SSA will withhold a 30 percent flat tax from 85 percent of those benefits unless you qualify for a tax treaty benefit. This results in a withholding of 25.5 percent of your monthly benefit amount.
How long can you live outside the U.S. without losing Social Security?If you return to the United States and stay for more than 30 consecutive days, you are no longer considered to be living abroad.
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Social security benefits for non citizens living abroad
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