Is my Thai wife entitled to a widow's pension in Australia if I pass away?

Nov 20, 2024
a month ago
David **********
ORIGINAL POSTER
Hi Folks

I am Australian wife is Thai

Marriage registered in both countries

Wife has never lived in Australia

Is she entitled to widow's pension on my death any input would be appreciated
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TLDR : Answer Summary
The inquiry revolves around whether the Australian husband’s Thai wife would be eligible for a widow's pension after his death, considering they have been married but she has never lived in Australia. The discussion highlights that there is no longer a widow's pension available in Australia, and benefits are typically tied to residency and citizenship. Many comments clarify that pensions require prior contributions and residency status, with some suggesting that the wife may not be eligible if she has not lived in Australia.
Brenton ******
You have to be an Australian resident for at least 10 years, including at least five years in a row to qualify for age pension. It's not based on citizenship. I ran into this nonsense because I had lived in Australia for 20 years as a kiwi on a SCV visa which a kiwi automatically gets on arrival and ceases the minute you leave the country. So they wouldn't pay me in Thailand as when I left the country I had zero residency status.
John *******
If it's a government paid pension in Australia or paid to you from Australia than that pension is not transferable to your thai wife but she would probably be entitled to your money from any superannuation if you have listed her as the beneficiary of that fund it's very simple most government paid pension are paid on the basis of residency and your wife does not qualify
Guy *********
What are you thinking..don't you know anything..talk to someone if anyone going to listen
David **********
ORIGINAL POSTER
@Guy ********
put a sock in it Guy
David **********
ORIGINAL POSTER
@Brenton *****
thanks Brenton for the info
Steve *******
Just don't take her back there what ever you don
Neale *********
Maybe instead of asking for Facebook legal advice you should contact the relevant authority in your country for exact requirements
David **********
ORIGINAL POSTER
@Neale ********
yes Neil I was just fishing to see if another couple have had the experience cheers
Carey *********
You are from Australia and you don't know how to find out Australia laws? Your kidding right?
David **********
ORIGINAL POSTER
looking for a short cut to experienced advise Carey no need to make your comment Pal
Carey *********
@David *********
no disrespect ment
Roger **********
Depending on where you live perhaps make an appointment at the Australian Embassy.

Ethically I say YES.

Pop her in your will
SJ *******
Widow B Pension

Widow B Pension will cease on 20 March 2020. Recipients will be transferred to Age Pension at the same payment rate.

For further information about Widow B Pension ceasing please see the welfare reform fact sheet.
Arnold **********
First to get a Australian pension you have to be a Australian citizen,second you have to have lived in Australia full time for two years before you can get a pension,third there is no widows pension in Australia.🇦🇺
Brenton ******
@Arnold *********
You have to be an Australian resident for at least 10 years, including at least five years in a row to qualify. It's residency not citizenship.
Paul *******
@Arnold *********
Wrong. Citizenship is not a requirement.
David **********
She cannot recieve your aged pension after you die..... sounds like she is not an Australian citizen.... you would need to being her to Australia for a few years on the right visa to sort our Aussie residence/citizenship as I am doing with my wife now. If it's a private pension/super then of course you can leave it to her.
Paul *******
@David *********
Citizenship is not one of the requirements for aN Australian pension.
David **********
@Paul ******
residence then?
Paul *******
@David *********
Yes, residency is just one of the requirements.
Arnold **********
There is no widows pension in Australia
Ross *******
With the amount unqualified burocrates are obscenely given after their term in government , every citizen that actually works and contributes in their working life should get the same money from the government!!!!!!
Ray *********
@Ross ******
you would think, but they're to busy stuffing their own pockets to think about the people who are doing actual work
Paula *********
In Australia a Thai marriage is not legal, you will have to do it again in Australia, if she gets in. You can go to Hong Kong, Australia will accept that, my father in law did this, and no such thing as widow pension in Australia.

Good luck with getting her into Australia too, maybe only on a tourist visa. My father in law was married to Thai women for 20 years, she could only come in on tourist visa, good luck.
Paul *******
@Paula ********
Crap. A Thai marriage (with notarised translation of the Thai marriage certificate) is legal in Australia. It is illegal to marry in Australia if you are already legally married.
Paula *********
@Paul ******
cool, times have changed.
David **********
@Paula ********
it'd not that hard I have brought my thai wife here to live same year we married, first on tourist visa then convert to temporary residence while here and can work, get Medicare card while waiting. There must be financial issues or some concern about the lady by authorities in your case, or some other complications.
Manfred ******
If she never worked in Australia

Not even resident

There is no pension here or in Thailand.

Period.
Tom *********
@Manfred *****
that's incorrect. Thai citizens receive a pension as part of the welfare system.
Heath ***********
Only entitled to free kangaroos. Sorry
Tom *********
I paid and still pay tax. But due to my asset value being to high all I get is tax bills. I am non resident and I also don't get a threshold. The Australian government screws you at every turn. Even if asset value is high, it's the income those assets return. If I moved back, I would live in poverty.
Rob **********
Unfortunately the answer is no, the widow’s pension doesn’t exsist anymore and if she isn’t at least a Permanent resident of Australia she can’t receive any pension at all. All pension’s are means tested and have a qualification period even the aged pension.
Thomas *******
No such thing.
Baz *********
I doubt it very much..

I believe she would need to be an Australian citizen or resident and at least lived in Australia for 2 years minimum.

You should be able to find the qualifying criteria for pensions on the government centerlink website
Cas **************
No such thing as widows pension in Australia
Rob **********
@Cas *************
correct, it was an old benefit which now doesn’t exsist.
Ray *********
@Rob *********
correct, they phased it out years ago the pricks!
Paul ******
I would suggest you go on the Centrelink site and look in the pension section plenty of details there

If you 2 were living here i think she would be entitled to a pension of some sort but you are living in Thailand no hope for her
David ********
She needs to get her PR permanent residence then she qualifies for all benefits as an Australian citizen.
Brenton ******
@David *******
wrong. Age pension isn't based on citizenship it's based on residency, how long you have resided in Australia. You have to be an Australian resident for at least 10 years, including at least five years in a row to qualify. You can't become a citizen then apply for age pension.
Matthew *******
@David *********
What pension are you currently receiving?

If it’s a non government pension like from super then speak to your accountant admin

If it’s military then I’d say yes as long as you have done the correct admin
David **********
ORIGINAL POSTER
@Matthew ******
receiving retirement pension Government
Rob **********
@David *********
the Australian aged pension you are receiving cannot be transferred or willed to another person upon your death, each recipient of the aged pension must apply for it in person and pass the qualification rules to receive it. The widow pension is an old benefit and does not exsist anymore. So basically as your wife is neither an Australian citizen or permanent resident she will unfortunately receive no benefits upon your death, only what assets you leave to her in your will.
David **********
ORIGINAL POSTER
@Rob *********
thanks Rob i have a better picture now👍
John ********
I hope not.

Not a personal attack on you.

But for example.. what would stop an old guy in Australia with with Greek heritage marrying a cousin back in Greece, so she could take over his pension when he passes on. It would be so open to scams.
Kenneth ****
A super-based pension might be different.
Matthew *******
@Kenneth ***
spot on
Garry ********
Not 100% on this but I think she might need Australian citizenship to recieve any type of pension. Marrying an Australian does not automatically give Australian citizenship.
Paul *******
@Garry *******
Incorrect. A person does not need to be a citizen to get a pension but must meet the staed requirements.
Brenton ******
@Paul ******
age pension is based on residency not citizenship.
Sue **********
From a fellow Australian pensioner, I would say no. Pensions are based on an individual not by who they married & based on how many years an individual lived in Australia. Widow pensions are obsolete. Ask Centrelink Australia for input to be sure.
Duan **********
Yes if you make the will for her
Rob **********
@Duan *********
you can’t will your Australian pension to another person.
Duan **********
@Rob *********
not another person it wife every country can do it
Graeme ******
@Duan *********
you can't into the uk either, your thai partner has to be domicile in the country to be able to pass on your pension, which takes approx 5-6 years
Rob **********
@Duan *********
any Australian pension is not transferable to another person. Each person must apply for a pension in Australia in person and follow the qualifications to apply for that pension. You can’t just transfer it to your wife, this is for Australian citizens, I have no idea how other countries do it, but the OP is asking about Australian pensions.
Alison *****************
Im going to say no considering she hasnt lived in Australia its for citizens or permanent residents
Ingvar *******
Widdow pensions are an old benifit, you hardly can trust for the future. They can easily dissappear when the politics get new ideas. In my home country they have done so, since decades. 🇸🇪
Thomas *********
Ingvar *******
@Thomas ********
just my information in a discussion in social media.
Bob *********
The USA requires the wife to have lived in the USA for 5 years before paying out benefits for a spouse in the husband's account. Under 18 foreign born Children with a us report of birth to the embassy get monthly checks from death of father, no need to ever live in usa
Thomas *********
@Bob ********
golly, that is highly irrelevant
Paul *******
@Bob ********
great information but, he's Australian 🤣
Philip **********
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Philip **********
No such thing as a widow's pension since the last century.
Matthew *******
@Philip *********
not exactly true

It depends on what pension the partner is receiving

If it’s the partner of a veteran than yes they will receive something

Unfortunately poster hasn’t stated what pension he is receiving so it’s hard to answer the question
Paul *******
@Matthew ******
The partner might be a veteran and the surviving spouse may get nothing. The sytem is pretty complicated. It depends on the status of the veteran. eg if the veteran is Gold Card TPI or EDA, the surviving partner would automaticallky receive a War Widow(er) pension fron DVA refardless of the cause of the veterans death, If the veteran dies and his cause of death can be related to service or cause of death is a DVA accepted condition then the partner will also get the War Widows pension. If the veteran is GoldCard (but not TPI/EDA) or White Card or no card and the cause of death is unrelated to service then partner is entitled to nothing.
Matthew *******
@Paul ******
if they are getting a comm super pension the partner would be entitled to something

It’s hard when the poster hasn’t stated his situation
Paul *******
@Matthew ******
Correct. I assisted a Thai lady to get a reversionary pension from CSC (
***
of his pre commutation DFRDB pension) after her ex RAAF husband passed.
Wayne ********
@Philip *********
so is what you’re saying is that when you die your pension dies with you and your wife is not entitled to any widows benefit, is that correct? 
Rob **********
@Wayne *******
that is correct, the widows pension is a old benefit, and you cannot will your pension to another person, that person must apply for a pension on their own right, and follow the qualifications for the applicable pension.
Philip **********
@Wayne *******
it looks like there is no such thing as a widow's pension now.
David **********
ORIGINAL POSTER
@Philip *********
is this the same situation for Australians Philip ?
Philip **********
@David *********
my wife's already on the aged pension $862 a fortnight. She lost $70 of that after 6 weeks in Thailand.
Philip **********
@David *********
That should read last decade. Yes they don't discriminate now. Men don't get it if wife dies.
David **********
ORIGINAL POSTER
so long as she gets it thats fine thankyou
Braulio *********
Have you considered asking the administrator of the pension?
Matthew *******
Kel ********
F
Ross *******
Aren't pension given because you've worked and paid tax to them maybe qualify for govt money
Ross *******
@Jim ***********
l could see from grandparents the hours they worked to see the little the government was giving at retirement it wasn't adding up. Super was the only way to have any chance..

Also if the obscenely amount paid to the unqualified burocrates that after their short life in government are paid, was not "DONATED" to them maybe that money could go to the taxpayer..... after all at least the taxpayer contributed to the country...
Ken ***********
@Ross ******
certainly a spouse should be entitled to some of their deceased pension. Nit sure in Australia but in the U S. the surviving spouse must be a U.S. citizen or permanent resident to receive survivor's pension.
Rob **********
@Ken **********
an Australian pension is not transferable to another person, every person who receives a pension in Australia must apply in person. You also cannot will you pension to another person, not even you wife.
Ken ***********
@Rob *********
I understand every country is different, but if a spouse doesn't work and stays home to take care of their children, they aren't entitled to any of the deceased spouse's pension ?
Jim ************
@Ken **********
They may be entitled to a government old-age pension in their own right, IF they meet criteria. Superannuation is different, but pension is a payment, not an asset.
Ken ***********
@Jim ***********
interesting that it is treated different in U.S. and Australia.
Rob **********
@Ken **********
no not in Australia they are not, they can apply for a pension in their right.
Matthew *******
@Ross ******
it would depend on the type of pension one is receiving

If the poster is talking a military pension or a super scheme pension then I’d say yes
John **********
@Ross ******
Australian pensions are means tested and not a given like some countries.
Ross *******
@John *********
l know they are, l was more asking that l worked and paid tax in Australia for 40 years that l would actually be means tested to qualify for the pension?
John **********
@Ross ******
Centrelink is very clear about pensions and meeting the criteria. The fact that you have worked and paid tax for 40 years means nothing. If you meet the criteria you will receive a pension, it's that simple. Information can be found online everywhere.
Ross *******
@John *********
I failed the test too much super but if you've never paid tax you can still qualify for a pension?
John **********
@Ross ******
I feel your pain, I also failed 😄
Detlef ***********
Very interesting scenario 🤔⁉️
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