Cardinal Point Wealth Management

Your Cross-Border Financial Advisor

Contact Us | Client Login
  • About Us
    • Our Story
    • Our Team
    • Our Clients
    • Legal and Compliance
  • What We Do
    • Investment Management
    • Wealth Planning
    • Tax Planning and Preparation
    • Private Wealth Services-U.S.
    • Private Wealth Services-Canada
    • Cross Border Wealth Management, Financial and Tax Planning
  • Cross-Border Services
    • Cross Border Wealth Management, Financial and Tax Planning
    • U.S. Citizens Living in Canada
    • Moving to Canada from the U.S.
    • Canadians Living in the U.S.
    • Moving to the U.S. from Canada
    • Expatriates Living Abroad
  • Blog
  • About Us
    • Our Story
    • Our Team
    • Our Clients
    • Legal and Compliance
  • What We Do
    • Investment Management
    • Wealth Planning
    • Tax Planning and Preparation
    • Private Wealth Services-U.S.
    • Private Wealth Services-Canada
    • Cross Border Wealth Management, Financial and Tax Planning
  • Cross-Border Services
    • Cross Border Wealth Management, Financial and Tax Planning
    • U.S. Citizens Living in Canada
    • Moving to Canada from the U.S.
    • Canadians Living in the U.S.
    • Moving to the U.S. from Canada
    • Expatriates Living Abroad
  • Blog

Can A Foreign Spouse Claim U.S. Social Security?

February 16, 2015 By Cardinal Point Wealth

We were recently engaged by an American citizen who wanted to know if her Canadian spouse can claim her U.S. Social Security spousal and survivor benefits. Both she and her husband reside in Ontario, Canada.

Social Security Cards U.S. Social Security benefits can be received in Canada free of U.S. tax. In this post, we will explain how, provided certain rules are met, a foreign spouse can also receive spousal Social Security benefits.

The general rule is that a non-U.S. citizen or non-U.S. resident spouse, cannot receive spousal security benefits if they live outside the U.S. for six consecutive calendar months.

However, a foreign spouse who is a citizen or resident of certain countries – among them Canada, Australia and the United Kingdom – can receive spousal social security benefits if the following rules are met:

  1. The foreign spouse has reached full retirement age;
  2. Social Security benefits are currently being received by the retired spouse who worked in the U.S.; and
  3. The retired spouse and foreign spouse have lived together in the U.S. for at least five years while married (doesn’t have to be continuous) in the case where the foreign spouse is not a citizen or a resident of certain countries such as the ones listed above.

In the event the U.S. citizen spouse passes away, the Canadian citizen spouse in this example will be entitled to Social Security survivor benefits if they meet the requirements for spousal benefits mentioned earlier and have not remarried.

Marc Gedeon is a CPA (U.S), CPA (Canada) and Tax Attorney at Cardinal Point, a cross-border wealth management organization with offices in the United States and Canada. Marc specializes in providing Canada-U.S. cross-border financial, tax, transition, and estate planning services. www.cardinalpointwealth.com This piece is for informational purposes only and should not be considered legal or tax advice. Online readers should not act upon this information without seeking professional counsel.

Filed Under: Articles, Cross-border Tax Planning Tagged With: Cross-border tax planning, Foreign Spouse Claim U.S. Social Security

Articles You Might Like

Secure Act 2.0

Capital Gains

Infographic: Lifetime Capital Gains Exemption & Qualified Small Business Corporation

Cross Border Implications of Holding a 529 Plan

Infographic: Cross-Border Implications of Holding a 529 Plan Infographic

Discuss your goals with us today
Canada US Investment Management Goals
We can handle all of your Canada-U.S. investment management, tax, estate and financial planning complications
Wealth management strategies fit for you
Cross-Border Financial Management assessment
Our cross-border financial planning team can provide an assessment of your needs based on your unique circumstances

How We Help

  • Cross-Border Financial & Tax Planning
  • Americans Living in Canada
  • Canadians Living in the U.S.
  • Moving to Canada from the U.S.
  • Moving to the U.S. from Canada
  • Expatriates Living Abroad

What We Do

  • Investment Management
  • Wealth Planning
  • Tax Planning & Preparation
  • Private Wealth Services for U.S. Residents
  • Private Wealth Services for Canadian Residents
  • Cross-Border Financial & Tax Planning

Resources

  • Canadians in California
  • Canadians in Texas
  • Canadians in Florida
  • Canadians in Arizona
  • Canadian and U.S. Expat Tax Planning
  • Wealth Management for U.S. Citizens in Canada
  • Custodian Closed Your Cross-Border Investment Account?

Videos & Social Media

  • Americans in Canada: Investment Basics
  • Americans Selling Canadian Homes Face Tax Issues
  • Does it make financial sense to renounce your U.S. citizenship?
    BrightScope Cardinal Point Twitter Cardinal Point Google Plus Cardinal Point Facebook Cardinal Point LinkedIn Cardinal Point
Copyright © 2022. Cardinal Point Wealth Management Partners, LLC and Cardinal Point Capital Management ULC All Rights Reserved.

"Cardinal Point" is the brand under which the dedicated professionals within the independent Cardinal Point Group of Companies collaborate to provide financial and investment advisory, risk management, financial planning and tax services to selected clients. Cardinal Point comprises two legally separate companies: Cardinal Point Wealth Management Partners, LLC, a U.S. registered investment advisor and Cardinal Point Capital Management ULC is a U.S. registered investment advisor and a registered portfolio manager in Canada (ON, QC, MB, SK, NS, NB, AB, BC). Advisory services are only offered to clients or prospective clients where the independent Cardinal Point firms and its representatives are properly registered or exempt from registration. Each firm enters into client engagements independently. This website is solely for informational purposes. Past performance is no guarantee of future returns. Investing involves risk and possible loss of principal capital.