Changing SSS Beneficiary from Spouse to Child in the Philippines

A practical legal article on what Philippine law allows—and what it does not—when you want SSS benefits to go to your child instead of your spouse.


1) The first thing to know: in SSS, you usually don’t “choose” beneficiaries

Many people think SSS works like an insurance policy where you can freely name (and replace) beneficiaries. SSS is different. For most SSS benefits that are payable upon a member’s death (and for certain pensions), the law itself determines who the beneficiaries are, and in what order.

Under the Social Security Act and SSS rules, beneficiaries are generally divided into:

  • Primary beneficiaries (first in line, strongest legal entitlement), and
  • Secondary beneficiaries (only if there are no primary beneficiaries), and
  • Only in limited situations, a designated beneficiary (when there are no primary or secondary beneficiaries).

Because of that structure, a member typically cannot simply request: “Remove my spouse; make my child the only beneficiary,” if the spouse is legally a primary beneficiary.


2) Who are the “primary beneficiaries” under SSS?

As a general rule in SSS:

Primary beneficiaries commonly include:

  • The legal spouse (subject to SSS requirements on legal status and dependency), and
  • The member’s dependent children (legitimate, legally adopted, and often recognized illegitimate children, subject to dependency rules—commonly age, marital status, and incapacity considerations).

Important: Children and spouse are often co-primary beneficiaries, meaning SSS benefits may be shared according to SSS rules. In many cases, you are not “switching” from spouse to child—you are updating records so the child is recognized as a beneficiary alongside the spouse, unless the spouse is legally disqualified or not entitled under the rules.


3) “Beneficiary record” vs “legal beneficiary”: they are not the same

SSS maintains member data (dependents/beneficiaries) in its system. Updating this record is useful and strongly recommended—but:

  • SSS will still follow the law when paying death benefits and pensions.
  • If there is a conflict (e.g., spouse vs. another claimant), SSS may require additional proof and, in some cases, may only release benefits when the dispute is resolved (sometimes through a court order/settlement).

So, even if you “update” your record to list only your child, a lawful spouse may still have a claim if they qualify as a primary beneficiary.


4) When can a spouse be effectively removed (or lose entitlement)?

You generally cannot remove a spouse by preference alone. A spouse is removed (or becomes non-entitled) only when the spouse is not legally a primary beneficiary under SSS rules—commonly due to situations like:

A. The spouse is not your legal spouse

Examples:

  • The marriage is void (e.g., bigamous marriage, lack of authority/solemnizing officer issues, or other void grounds), or
  • The marriage was annulled/declared void by a final court judgment.

Key point: SSS typically relies on official records and final court decisions, not just personal statements.

B. There is a final decree of legal separation or other court action affecting spousal entitlement

A legal separation decree is different from “naghiwalay” or “separated in fact.” Court decrees matter more than informal separation.

C. The spouse is deceased

If your spouse has died, the spouse is no longer a beneficiary. The children (if qualified) will typically remain primary beneficiaries.

D. There are no qualified primary beneficiaries

If there is no qualified spouse and no qualified dependent child, then secondary beneficiaries (often parents) may come in. If even those are absent, designation may be relevant.

Reality check: If you are still legally married, and your spouse remains qualified under SSS rules, SSS benefits cannot be redirected solely to a child just because you want it that way.


5) What “changing beneficiary to child” usually means in real life

Most of the time, what members actually need is one of these:

  1. Add or update the child as a dependent/beneficiary in the SSS record
  2. Correct civil status and spouse record (e.g., wrong spouse listed, outdated data)
  3. Document a legal event that removes spouse entitlement (annulment/nullity, death, etc.)
  4. Plan properly (e.g., secure the child’s legal documents and guardianship planning) rather than relying on SSS “beneficiary switching”

6) How to update SSS records (Member Data Change) to list your child

Even if you can’t legally exclude a qualified spouse, you should make sure your child is correctly recorded, because incomplete records can delay claims.

Typical process (branch-based / formal submission):

  1. Accomplish the SSS Member Data Change Request form (commonly known as the “E-4” style request for updating member data, depending on current SSS form naming).

  2. Choose the field(s) to update, such as:

    • Dependents/beneficiaries (children)
    • Civil status
    • Spouse information
  3. Submit with supporting documents at SSS.

Common supporting documents:

  • For child:

    • PSA-issued Birth Certificate (or certified true copy / acceptable civil registry documents)
    • Valid IDs of the member
    • For adopted child: adoption documents and updated civil registry records
  • For correction/removal of spouse record:

    • PSA Marriage Certificate (if updating/confirming)
    • PSA Death Certificate (if spouse is deceased)
    • Final court decision and Certificate of Finality/Entry of Judgment (for annulment/nullity/legal separation), plus updated PSA records when applicable

Practical tip: If your child is illegitimate and the records are sensitive/complex, make sure the civil registry documents and supporting proofs align with how SSS recognizes dependency/relationship under its rules.


7) Can you designate your child as beneficiary the way you do in insurance?

Usually not in the way people mean. Designation matters most when there are no primary and no secondary beneficiaries. If you have a qualified spouse or qualified dependent children, the law governs.

However, if your goal is to protect your child’s financial future, it’s better to understand that:

  • SSS is not a substitute for estate planning, and
  • If you want your child to receive assets outside of SSS, you should consider tools like savings/investments, private insurance, and (where appropriate) legal planning.

8) What happens if your spouse and child both claim SSS death benefits?

If a member dies and there are competing claims (e.g., lawful spouse vs. someone else claiming to be spouse; or disputes about legitimacy/dependency), SSS may:

  • Require additional evidence (PSA records, affidavits, proof of dependency, etc.)
  • Recognize the child’s entitlement if qualified
  • Withhold or delay release until conflict is resolved
  • In hard disputes, require parties to settle or obtain a court determination of status/entitlement

This is why clean, updated records and complete civil registry documents matter.


9) Special considerations: minors, guardianship, and who receives the money

If the beneficiary is a minor child, SSS may require:

  • Proof of guardianship or authority of the person receiving funds on the child’s behalf
  • Additional documentation to ensure the child’s benefit is protected

If there are family conflicts, it’s common for the handling of a minor’s benefits to become sensitive—so planning and documentation are important.


10) Common misconceptions (and the correct view)

Myth: “I can remove my spouse from SSS if we’re separated.” Reality: Separation in fact is not the same as legal separation/annulment/nullity. A spouse may still be legally recognized unless disqualified under SSS rules and supported by proper documents.

Myth: “SSS will follow whatever is listed as my beneficiary in my account.” Reality: The SSS list helps administration, but the law and eligibility requirements control.

Myth: “I can make my child the only beneficiary even if I’m still married.” Reality: Generally not, if the spouse is still a qualified primary beneficiary.


11) Best-practice checklist if your real goal is “my child should be protected”

If your intent is child protection (not just record-updating), these are the most effective steps:

  • ✅ Update your SSS dependents so your child is properly recorded
  • ✅ Correct civil status records (marriage, annulment/nullity, death) using PSA and court documents
  • ✅ Keep certified copies of PSA certificates and court finality documents
  • ✅ If your child is a minor, consider guardianship planning and ensure the trusted caregiver has documentation
  • ✅ Don’t rely on SSS alone—consider private insurance/financial planning for the child

12) Bottom line

In the Philippines, you generally cannot “change SSS beneficiary from spouse to child” by mere request if your spouse remains your legal, qualified primary beneficiary under SSS rules. What you can do is:

  1. Update your SSS records so your child is properly recognized, and
  2. Document legal events (death, annulment/nullity, legal separation) that may affect spousal entitlement, and
  3. Prepare for how benefits are handled for a minor child.

If you want, tell me your situation in one line (e.g., “married but separated,” “annulled,” “spouse abroad,” “child is illegitimate,” “spouse deceased”), and I’ll map out exactly what SSS will typically recognize, what documents matter most, and the cleanest path to update records and avoid claim delays.

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