Ask Larry

Can My Wife Qualify For Spousal Benefits If She's Not A U.S. Citizen?

Hi - my wife of two years is a green card holder. She helps watch over my 3 kids below 18 yo. I plan to file for my retirement benefit next month when I turn 65.

Can my wife receive spousal benefit for helping care for my kids even if she is not a US citizen? Someone told me that she had to be a US citizen, is that right?

By the way, I bought your $40 individual software and I have running different options with it.

Hi,

Your wife could potentially qualify for spousal benefits without being a U.S. citizen, provided that she has an eligible child of yours in her care who is under age 16 or disabled, or if she is at least age 62 (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0305.html).

However, there is a family maximum benefit payable on your record which will limit the total monthly amount that can be paid to your family members. The same total amount would likely be payable whether you have 2 family members drawing on your record, or any number over that. In other words, if you already have 3 children who will be eligible on your record, adding your wife will just split the pot 4 ways instead of 3.

Best, Jerry

Category: 
Posted: 
Oct 28 2017 - 7:00am
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