Hello Atty. good day!

Presuming this is under Philippine jurisdiction and the benefit involved is the SSS death benefit of his late Filipina wife, the general rule is no, your husband is not entitled to continue receiving or to newly claim the surviving spouse pension once he has remarried. Under SSS rules, the dependent spouse is a primary beneficiary only until he or she remarries. SSS also states that qualified dependent legal spouses are those who have not remarried, cohabited, or entered into a live in relationship before or after the member’s death.

Firstly, if your husband was already receiving the SSS survivor’s pension from his late wife, that entitlement is generally stopped upon remarriage. SSS forms and policies expressly require the surviving spouse pensioner to report remarriage, cohabitation, or a common law relationship, and they warn that the death benefit entitlement may be cancelled or stopped once that happens.

Secondly, if he is not yet receiving the pension and is only planning to apply now, remarriage will usually disqualify him as the surviving spouse beneficiary for the monthly death pension. The SSS death benefit page is quite direct that the dependent spouse is a beneficiary only until remarriage.

Thirdly, if there are qualified children of the late wife who meet SSS requirements, their own possible entitlement may need to be assessed separately, because children can also be primary beneficiaries under the law and SSS rules. That part depends on age, civil status, employment status, and disability, if any.

As a practical remedy, you should do the following:
a.) Check whether he is already an existing surviving spouse pensioner, or merely inquiring about a possible claim.
b.) If he was already receiving benefits, he should disclose the remarriage to SSS to avoid overpayment issues or future refund demands.
c.) Prepare the key records, such as the late wife’s death certificate, their marriage certificate, and the certificate of remarriage to determine the exact timeline and whether any payments were made after remarriage.
d.) If there are children from the late wife, have their possible claims separately reviewed.

In my view, the remarriage is the key fact here, and it is usually fatal to the husband’s continued right as surviving spouse pensioner under SSS. The fact that he is a foreigner or a US citizen is not the controlling issue. The controlling issue is his status as the surviving spouse and the effect of remarriage under Philippine SSS law and policy.

I am the owner of Recososa Law Firm, and we are located in the Philippines, with offices in Luzon, Visayas, and Mindanao. We can schedule an initial consultation via Google Meet, Zoom, or physical consultation at our office.

Sincerely,
ATTY. JOFRE B. RECOSOSA
Owner/Managing Partner
Recososa Law Firm