Changing SSS Beneficiaries: Removing a Spouse and Naming a Child

1) The Core Reality: SSS “Beneficiaries” Are Largely Set by Law, Not by Choice

In the Philippine Social Security System (SSS), entitlement to death benefits is primarily determined by the Social Security Act and SSS rules on statutory beneficiaries. This is fundamentally different from private life insurance, where the insured typically has broad freedom to name or replace beneficiaries.

For SSS death benefits, the law establishes a hierarchy:

  • Primary beneficiaries (generally first in line)
  • Secondary beneficiaries (only if there are no primary beneficiaries)
  • Other designated persons (only if there are no primary or secondary beneficiaries)

Because of this statutory structure, a member usually cannot “remove” a spouse from being entitled if that spouse legally qualifies as a primary beneficiary at the time of death. Similarly, a child who qualifies under SSS rules is already a primary beneficiary by operation of law; the practical issue is often proving eligibility and keeping records updated to prevent delays.


2) Who Are SSS Beneficiaries?

A. Primary Beneficiaries

SSS generally treats the following as primary beneficiaries for death benefits:

  1. Dependent spouse (the legal spouse who meets SSS dependency requirements), and

  2. Dependent children, typically including:

    • Legitimate children
    • Legitimated children
    • Legally adopted children
    • Illegitimate children (subject to proof of filiation/recognition)

Dependent children are commonly understood as children who are:

  • Unmarried, and
  • Not gainfully employed, and
  • Below 21 years old, or permanently incapacitated (regardless of age), subject to SSS evaluation/documentation.

Practical note: “Naming” a child is often less about creating the right and more about ensuring SSS has the correct records and proof, especially for illegitimate or adopted children.

B. Secondary Beneficiaries

If there are no primary beneficiaries, SSS generally looks to:

  • Dependent parents (subject to SSS rules on dependency)

C. “Designated” Beneficiaries (Only If No Primary and No Secondary)

Only when there are no primary and no secondary beneficiaries does SSS typically consider paying benefits to:

  • Another person the member listed or designated in SSS records (sometimes colloquially called “beneficiaries” in forms and member data)

This is where many misunderstandings start: members see fields for “beneficiaries” in forms/online records and assume they can freely override a spouse or child. For death benefits, the statutory order usually controls.


3) Can You Remove a Spouse and Replace Them With a Child?

General Rule: You Cannot Disinherit a Qualifying Spouse Through SSS Records

If a person is your legal spouse and qualifies as a dependent spouse under SSS rules at the relevant time, they are typically treated as a primary beneficiary, and simply deleting their name from your SSS member data does not reliably remove their legal entitlement.

SSS evaluates legal status and eligibility at the time of claim (often after death), not merely what the member typed into a form years earlier.

When a Spouse May Be Effectively “Removed” (Because They No Longer Qualify)

A spouse may cease to be entitled as a primary beneficiary only if legal facts change such that the person is no longer your qualifying dependent spouse, for example:

  1. The marriage is void or voided (e.g., declaration of nullity/annulment with finality and proper civil registry annotation).
  2. The spouse has died (obviously removing eligibility).
  3. A legal status change is recognized and properly documented (e.g., certain situations involving a valid foreign divorce with Philippine judicial recognition where applicable, or changes under Muslim personal laws for those covered).
  4. Disqualifying circumstances recognized by law or SSS rules, which can arise in highly fact-specific scenarios and may require court documentation.

Important distinction: Separation in fact (living apart) does not automatically end a marriage in the Philippines. Without a legally recognized change (nullity/annulment, death, or other legally effective change), the spouse may still be treated as the legal spouse for SSS purposes.

What About a “New Partner” or Common-Law Spouse?

A live-in partner is generally not treated as a “spouse” beneficiary in SSS absent a legally recognized marriage. Many disputes arise when a legal spouse and a partner both file claims; SSS will typically require proof of lawful marriage and may hold benefits if there is a conflict.


4) “Naming” a Child: What Actually Matters

A child who qualifies as a dependent child is usually already within the primary beneficiary class. The main legal and practical issues are:

  1. Establishing filiation (especially for illegitimate children)
  2. Proving dependency qualifications (age, marital status, employment, incapacity)
  3. Ensuring documentation is complete and consistent with civil registry records

Illegitimate Children: Common Proof Issues

SSS commonly requires strong proof that the deceased member is the parent. A PSA birth certificate is often central, but situations differ:

  • If the father’s name appears and there is proper acknowledgment, that can help establish filiation.
  • If documents are inconsistent or incomplete, SSS may require additional proof (and disputes can end up requiring judicial resolution).

Adopted Children

Legal adoption is typically proven through:

  • Adoption decree/court order and
  • Updated civil registry documentation reflecting adoption, as applicable.

Children With Disability / Permanent Incapacity

Where a child is above the usual age limit but alleged to be permanently incapacitated, SSS typically requires:

  • Medical documentation,
  • Possibly SSS medical evaluation, and
  • Other supporting records showing incapacity and dependency.

5) Updating SSS Records: What You Can Change (and What That Change Does)

Members can and should keep their SSS records accurate. Common updates include:

  • Civil status
  • Spouse information
  • Children/dependents
  • Addresses, contact details, beneficiary listing fields

Key Point: Updating Records Helps Administration, Not Override the Law

Accurate records can:

  • Reduce claim delays,
  • Reduce disputes,
  • Make it easier for rightful beneficiaries to process claims.

But updating member data usually does not defeat a legally qualified spouse’s or child’s statutory rights.


6) Typical Process to Update Beneficiaries/Dependents (Administrative)

SSS updates are commonly done through member data change procedures (often using a member data change request form and supporting documents). Some fields may be available online depending on SSS system features at the time, while others require in-person submission.

Common Supporting Documents (Illustrative)

  • For spouse: PSA marriage certificate
  • For child: PSA birth certificate
  • For adoption: adoption decree and supporting registry documents
  • For change in civil status due to annulment/nullity: court decree, certificate of finality/entry of judgment, and annotated civil registry documents as required
  • For death of spouse: PSA death certificate
  • For incapacity: medical records and SSS-required medical evaluation documents

Because SSS claims are document-driven, discrepancies in names, dates, or civil registry entries are frequent causes of delay. Consistency across PSA documents and SSS records is critical.


7) Death Benefit Distribution: Why “Removing the Spouse” Is Often the Wrong Frame

Many members want to remove a spouse to ensure the child gets the money. In SSS, the structure is typically:

  • The spouse and dependent children are both within the primary beneficiary category (if eligible).
  • Dependent children may be entitled to dependent’s pensions/portions subject to SSS rules (including limits on the number of qualified dependent children for certain add-ons and age/incapacity rules).

Thus, the better practical focus is usually:

  • Ensure the child is properly documented as a dependent/beneficiary, and
  • Ensure civil status and family records are correct, so the child’s entitlement is not lost in paperwork.

8) Guardianship and Receiving Benefits for Minors

When beneficiaries are minors, SSS may:

  • Pay through a surviving parent as representative payee in appropriate cases, or

  • Require proof of legal guardianship depending on the circumstances, especially where:

    • The surviving parent is absent,
    • There is a dispute, or
    • The claimant is not a parent.

Plan for this reality: even if a child is unquestionably entitled, who can receive and manage the funds may become an issue if the child is a minor and family relationships are contentious.


9) Disputes: When SSS Will Not “Choose Sides” Without Clear Proof

Common dispute patterns include:

  • Legal spouse vs. live-in partner
  • Competing claims among children (legitimate vs illegitimate, recognized vs unrecognized)
  • Multiple marriages or questionable marital records
  • Name inconsistencies across documents
  • Allegations of falsified civil registry entries

In contested cases, SSS may:

  • Require additional documentation,
  • Suspend release pending resolution, and/or
  • Require a court order or judicial determination where status is genuinely disputed.

10) Estate Planning Limits: A Will Usually Cannot Change SSS Beneficiary Rules

Because SSS death benefits follow statutory beneficiary rules, they typically do not function like ordinary estate property that you can freely distribute by will. A will may matter for your estate generally, but it usually does not rewrite SSS’s beneficiary hierarchy for SSS benefits.


11) Practical Guidance for the Specific Goal (“Remove Spouse, Name Child”)

If the spouse is still your legal spouse

  • You generally cannot remove them as a primary beneficiary just by editing SSS records.
  • You can ensure your child is properly documented so the child’s benefit is not delayed or denied.

If you believe the spouse should no longer qualify

Your path is usually not an SSS “beneficiary change” but a civil status correction supported by law, such as:

  • Final court decree of nullity/annulment with proper annotations, or
  • Other legally recognized status changes applicable to your situation

If the child’s documentation is incomplete

Prioritize:

  • Correct birth registration,
  • Proper acknowledgment/recognition where needed,
  • Consistent names and dates across PSA and SSS records,
  • Supporting documents for incapacity if applicable

12) Common Myths (and the Legal Reality)

Myth: “I can delete my spouse from SSS and replace them with my child.” Reality: SSS death benefits are largely determined by statutory beneficiary classes; deleting a name usually does not erase a qualifying spouse’s legal entitlement.

Myth: “Only the beneficiary I wrote in SSS will get paid.” Reality: SSS generally pays primary beneficiaries first (spouse/children if eligible), regardless of older or inconsistent member data entries.

Myth: “My live-in partner can be the SSS spouse beneficiary if I list them.” Reality: SSS generally requires a legally valid marriage for spouse status.


13) Bottom Line

In the Philippine SSS system, the legally qualifying spouse and dependent children are typically primary beneficiaries by law. Updating SSS records is important for accuracy and speed of processing, but it usually cannot be used to disqualify a legal spouse who remains eligible. The legally effective way to “remove” a spouse from entitlement is not an SSS form edit—it is a change in legal status (or proof that the person does not qualify under the law), properly documented and recognizable by SSS.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.