Do I Need to Divorce a Filipino ?

[Orleans70185 1]

Hello, I am from California, I married a Filipino female about 9 years ago.

Once a returned to California, all she wanted was money and for me to buy her parents a house.

I am nearing retirement in a few years, is she eligible for my Social Retirement even though she never lived in the USA ?

Thank you all kindly.

Kevin

[Merrytooth 5,748]

Hello, I am from California, I married a Filipino female about 9 years ago.

Once a returned to California, all she wanted was money and for me to buy her parents a house.

I am nearing retirement in a few years, is she eligible for my Social Retirement even though she never lived in the USA ?

Thank you all kindly.

Kevin

Is your spouse in USA yet or no?

For Social Security benefits:

https://www.ssa.gov/planners/retire/yourdivspouse.html

I read that one must be in legal status in US to claim the benefits.

You should double check with SS office.

[cdneh 3,112]

Hello, I am from California, I married a Filipino female about 9 years ago.

Once a returned to California, all she wanted was money and for me to buy her parents a house.

I am nearing retirement in a few years, is she eligible for my Social Retirement even though she never lived in the USA ?

Thank you all kindly.

Kevin

I don't think she can, having never been in the USA.

[Pitaya 2,577]

~Six non-constructive posts removed, and one post inquiring about urban slang term from removed non-constructive post~

~Post constructively, or DO NOT POST~

Pitaya

VJ Moderation

Edited May 16, 2016 by Pitaya

[Ortolan 381]

Check with your Social Security office. Are you planning on divorce, or what?

[Orleans70185 1]

Thanks for the quick response ! I was told if I divorce her with 10 years, she is not eligible for Social Security .

That being said, what about if I were to receive a 401k?

What is involved with a divorce from a Filipina?

[Harpa Timsah 13,258]

You still need to divorce her.

[IcezMan_IcezLady 582]

It doesn't matter whether she is a Filipina or American, same laws applies since this SSA is a federal agency. If you will stop looking at it from that point, you will find your answers from social security administration website. A google search will help also.

[Umka36 781]

Sounds like you need to consult with a divorce lawyer.

[LionessDeon 2,060]

Thanks for the quick response ! I was told if I divorce her with 10 years, she is not eligible for Social Security .

That being said, what about if I were to receive a 401k?

What is involved with a divorce from a Filipina?

Best to get advise from a divorce attorney.

[amigator 2]

Even if she does get some social security "from you" it is my understanding is that it does not affect what you would receive in any way. Example an ex-spouse that meets the social security requirements could apply for this benefit and you may never know that she is recieveing.

https://www.ssa.gov/planners/retire/yourdivspouse.html

[Cathi 5,782]

you should be posing these questions to an attorney

[ddtenor2 80]

If I were in your position, I'd be more concerned about her claim to assets in the 401(k). You need to speak to a divorce attorney.

[Caryh 5,206]

A current or former spouse needs to be married to you for at least 10 years to get SS retirement benefits based on your income. A former or current spouse who meets these requirements can retire based on their own income, or 50% of their spouses income. She also needs to have been living in the USA for at least 5 years. There's a bit of a grey area if she hasn't become a USC and wants to collect those benefits while living abroad. This benefit to a former or current spouse does not affect your own SS retirement amount.

I don't understand what you mean by the question "Do I need to divorce my Filipino?", you would need to give more specifics of what you are worried about. If its do I need to divorce them or they will take away my retirement benefits, then no they cannot make a claim on your retirement benefits, but there is the possibility you could get ordered to pay spousal support depending on where the divorce occurs.

[Harpa Timsah 13,258]

I took it to mean that he thought since she was foreign, he could just ignore her and she would legally disappear. That is not true.