I am now 70 and my wife is 64 and a non-U.S. citizen. She is an Italian citizen. We currently live in Brazil where she is a college professor. We go back to the U.S. two or three times per year. My question is this, can my wife begin receiving spousal benefits based on my benefit at her current age? Our intent is to live part of each year in the U.S. and the rest of the time in Brazil. I have researched as much as I can do personally and it seems the more I research the more confusing the rules become. I see on one "list" that Italian citizens are exempt from residency requirements. I am assuming my wife fits into this category because at this point we have no intention of obtaining U.S. citizenship for her and no permanent residency either unless absolutely necessary. Any advice you can provide will be appreciated.

Hi,

First off, since your wife is still working, that alone could prevent her from receiving benefits prior to age 66. Social Security has a foreign work test (https://www.ssa.gov/OP_Home/handbook/handbook.18/handbook-1823.html), which could result in the withholding of any benefits due prior to the month she reaches full retirement age (FRA).

Otherwise, I believe she would be able to receive spousal benefits on your work record on the basis of her Italian citizenship, but their may be some residency requirement of which I'm not aware. Frankly, there are several interrelated laws governing Social Security payments to non US citizens, and each has multiple exceptions. I believe that your likely best course of action is to have your wife apply for spousal benefits when she reaches age 66. That way, she will receive a formal determination as to her eligibility for benefits, which can be appealed if necessary. In addition, her benefit amount will be unreduced at that time, and the foreign work test will no longer apply.

Best, Jerry