SSS Survivor’s Pension When the Deceased Had a Prior Marriage: Validity of a Subsequent Marriage (Philippines)

This guide explains how the Social Security System (SSS) handles death claims when the member died leaving a prior marriage—and later entered into a subsequent union. It focuses on who counts as a “legal/dependent spouse” and “primary beneficiary,” what happens if the later marriage is void or voidable, how dependent children are treated, and the practical steps and proofs SSS will look for.

1) First principles: Who are SSS death beneficiaries?

Under the Social Security Act (now R.A. 11199) and its rules:

Primary beneficiaries:
1. the legal (dependent) spouse until he/she remarries, and
2. dependent children (legitimate, legitimated, legally adopted, and illegitimate) who are unmarried, not gainfully employed, and under 21 (or over 21 but permanently incapacitated).
Secondary beneficiaries: the dependent parents, but only if there are no primary beneficiaries.
If neither primary nor secondary exists: the legal heirs receive a lump sum under the Civil Code’s rules on succession (no monthly pension).
Benefit form: Where primary beneficiaries exist, they receive the monthly death pension (100% of the member’s basic monthly pension), plus a dependent’s pension for up to five (5) eligible children. The spouse’s entitlement continues until remarriage (or cohabitation akin to marriage if proven in some cases).

Takeaway: Whether a spouse qualifies as “legal” turns on marriage validity at the time of the member’s death.

2) Marriage validity governs spousal entitlement

A. If the prior marriage was still subsisting at the time of the second wedding

The later marriage is generally void ab initio for being bigamous (Family Code, Art. 35[4]).
Effect on SSS: A spouse from a void marriage is not a “legal/dependent spouse,” and cannot be a primary beneficiary.
Who benefits instead? The dependent children (from any union) remain primary beneficiaries. If there are none, the claim shifts to secondary beneficiaries (parents).

B. Exceptions and special cases impacting “subsisting” status

Judicial declaration of nullity (Art. 36) or annulment of the first marriage before the second marriage:
- If a final judgment before the second wedding declares the prior marriage void (e.g., psychological incapacity) or annuls it, the subsequent marriage can be valid, provided all formal requisites were met.
Presumptive death (Art. 41, Family Code):
- A spouse may validly remarry if the other has been absent for 4 years (2 years in danger-of-death cases) and there is a court declaration of presumptive death prior to the subsequent marriage.
- Without this judicial declaration, the later marriage remains void even if the absent spouse truly disappeared.
Muslim marriages (P.D. 1083, Code of Muslim Personal Laws):
- A Muslim man may contract polygyny under strict conditions (capacity to support, equal treatment, procedural compliance, and proper registration before the Shari’a court/registrar).
- If both marriages are valid under Muslim law and duly registered, SSS can recognize the later marriage as also valid, potentially producing multiple legal spouses (see allocation rules below).
Foreign divorces:
- A divorce validly obtained by the foreign spouse (or by a Filipino who was a foreign citizen at the time of divorce) can capacitate the Filipino to remarry (as recognized jurisprudentially). Proof of the foreign law and the divorce is required.
- If the divorce does not capacitate the Filipino (e.g., both were Filipinos when divorce obtained), the prior marriage continues to subsist, so a later marriage is void.
Deaths, prior to the later marriage:
- If the first spouse died before the second wedding (proved by a PSA death certificate), the later marriage is not bigamous (assuming other requisites are present).

3) Void vs. voidable marriages: which matters to SSS?

Void ab initio (e.g., bigamy, no license except valid exemptions, psychological incapacity, underage without consent, etc.): no marriage from the beginning; no spousal entitlement in SSS for the putative spouse—unless the marriage actually was valid under a special regime (e.g., Muslim law) or the first marriage had been properly terminated or judicially declared void before the second wedding.
Voidable (e.g., lack of parental consent for 18–21, vitiated consent): valid until annulled. If no annulment happened before the member’s death, the spouse is still legal at death and may claim.

4) Competing spouses: Who gets the survivor’s pension?

A. Scenario 1: Prior legal spouse vs. later spouse from a void (bigamous) marriage

Winner: The prior legal spouse (if marriage not legally dissolved).
Children: All dependent children (from any union) share in dependents’ pension.
Later “spouse”: Not entitled as spouse (void marriage). Good faith does not turn a void marriage into a valid one for SSS spousal benefits.

B. Scenario 2: Later marriage validly contracted (prior marriage ended or capacitated)

Winner: The later legal spouse. The prior spouse—if divorced abroad by foreigner-spouse or otherwise validly severed—has no more marital tie and thus no SSS spousal entitlement.

C. Scenario 3: Both marriages valid under Muslim law

Multiple legal spouses may be recognized. SSS may apportion the spousal share equitably among legal wives, alongside eligible dependent children (subject to the cap on the number of dependents’ pensions).

D. Scenario 4: No valid spouse at death

If no marriage is legally valid at death, no spousal beneficiary exists.
Primary beneficiaries would then be dependent children only. If none, claim goes to dependent parents; otherwise legal heirs receive a lump sum.

5) Children’s rights are independent of their parents’ marital status

Dependent children (legitimate or illegitimate) are primary beneficiaries if eligible (unmarried, under 21, not gainfully employed; or incapacitated).
Illegitimate children share in the dependents’ pension, subject to statutory allocation rules.
A child’s benefit does not depend on whether the parents’ marriage is valid or void.

6) Proofs SSS typically requires (and why)

Expect SSS to scrutinize marital validity through PSA-issued and court documents:

Marriage certificate (PSA) of the claimant and the deceased.
CENOMAR/CEMAR: To check for prior existing marriages of either party.
Documents dissolving or declaring void the prior marriage:
- Death certificate of the prior spouse; or
- Final judgment of annulment/nullity (with Certificate of Finality);
- Court declaration of presumptive death obtained before the subsequent marriage;
- Recognized foreign divorce (with proof of foreign law and authenticity).
For Muslim marriages: Marriage contract under P.D. 1083 and registration, plus proof of compliance with polygyny requisites if applicable.
Children’s documents: PSA birth certificates; medical proof if claiming incapacity; school/employment proofs to establish dependency.
Member records: SSS E-1/E-4/Member Data Change forms, beneficiary designations (note: designation cannot override the law on statutory beneficiaries).

Important: SSS may hold or escrow payments if there is a pending court case on marital validity or filiation, and release funds only after a final judgment or sufficient documentary resolution.

7) Allocation mechanics when primary beneficiaries exist

Monthly Death Pension (MDP): Paid to primary beneficiaries.
Dependent’s Pension (DP): Additional amount per up to five (5) qualified children, paid with the MDP; typically remitted to the spouse-payee on behalf of minor children, or to the guardian if no spouse payee.
Spouse’s continuity: The spouse’s entitlement ceases upon remarriage (and may be suspended on proven cohabitation akin to marriage, depending on SSS evaluation). Children’s entitlement continues per age/incapacity rules.

8) Common real-world patterns (and how SSS treats them)

Second wedding while first marriage still on foot; later, first marriage is annulled after the second wedding:
- The second marriage remains void if the first was still subsisting on the second wedding day (subsequent annulment does not retro-validate the bigamous marriage for SSS spousal benefits).
Second spouse in good faith (putative spouse):
- Good faith may affect property relations between co-partners under Arts. 147/148 of the Family Code, but it does not create SSS spousal status if the marriage is void.
Foreign divorce obtained by the Filipino spouse while still Filipino:
- Generally not recognized to capacitate the Filipino to remarry; the later marriage is typically void (unless the Filipino had already become a foreign citizen before the divorce).
Missing spouse presumed dead without a court declaration, then a later marriage:
- Without a prior judicial declaration, the later marriage is void. The prior marriage remained subsisting, defeating SSS spousal claims of the later partner.
Multiple Muslim wives:
- If all validly contracted and registered, SSS may split the spousal share among them, in addition to the children’s dependents’ pension.

9) Strategy when claims will likely be contested

Audit your proofs first: obtain all PSA civil registry documents and—where relevant—final, executory court judgments and entries of judgment/annotations.
File your claim with complete documentation to avoid suspension.
If you expect dispute (e.g., first spouse contests the later spouse), consider:
- Petition for declaration of nullity/annulment (if still unresolved), or
- Petition for recognition of foreign divorce, or
- Declaratory relief on marital status, or
- Filiation action for children (if questioned).
Coordinate guardianship for minor children’s pensions if no uncontested spouse-payee exists.

10) Quick decision tree

Was there a prior marriage of the deceased?
- No → Later spouse is legal (assuming formal requisites), proceed with claim.
- Yes → go to (2).
Was the prior marriage validly terminated or nullified before the later marriage?
- Yes (death/annulment/nullity with finality; or valid capacitating foreign divorce) → Later spouse is legal.
- No → Later marriage is void (except valid Muslim polygyny) → Later “spouse” not SSS spouse.
Muslim law scenario with polygyny?
- Yes and compliant → Multiple legal spouses; apportion spousal share.
- No → Apply (2).
Children?
- Yes → They are primary beneficiaries if dependent/eligible, regardless of parents’ marital validity.
- No → Check parents (secondary); else legal heirs (lump sum).

11) Practical checklist for claimants

PSA marriage certificate(s) (all relevant unions)
PSA CENOMAR/CEMAR (both parties)
PSA death/annulment/nullity proofs (with finality and annotations) of any prior marriage
If relying on foreign divorce: authenticated decree + proof of foreign law; proof of citizenship at divorce time
For Muslim marriages: marriage contract, Shari’a registration; proof of polygyny compliance
PSA birth certificates for children; proofs of dependency (school certs, non-employment); medical proofs of incapacity if applicable
Member’s SSS documents (E-1/E-4/beneficiary forms), valid IDs, bank enrollment
Any court orders relating to guardianship or custodial arrangements for minors

12) FAQs

Q1: The deceased married me while still married to someone else. Can I claim the spouse’s pension? A: Generally no. The second marriage is void, so you are not the “legal spouse.” However, your children with the deceased can still claim as dependent children if eligible.

Q2: The first marriage was later annulled after our wedding. Does that fix my status? A: No. Marital capacity is measured on the date of your wedding. If the prior marriage still subsisted then, your marriage is void for SSS purposes.

Q3: We’re Muslims and my husband had two wives. Are we both entitled? A: If both marriages were validly contracted and registered under Muslim law, SSS may recognize both as legal spouses and apportion the spousal share, apart from the children’s dependents’ pension.

Q4: There’s a court case on our marriage’s validity. What happens to the claim? A: SSS may defer/escrow payment until a final judgment clarifies who the legal spouse is.

Q5: The deceased designated me as beneficiary in an SSS form. Is that enough? A: No. Statutory beneficiaries (legal spouse and dependent children) take priority regardless of designation. Designations matter only when there are no statutory beneficiaries.

13) Key legal anchors (for orientation)

Family Code of the Philippines: Arts. 35 (void marriages incl. bigamy), 36 (psychological incapacity), 40 (judicial declaration of nullity for purposes of remarriage), 41 (presumptive death + judicial declaration), 52–53 (registration/annotation effects), 147–148 (property relations in void unions).
R.A. 11199 (Social Security Act of 2018) and SSS Implementing Rules: definitions of primary beneficiaries, dependent spouse, dependent child, benefit structure.
P.D. 1083 (Code of Muslim Personal Laws): validity of Muslim marriages, polygyny requirements.
Jurisprudence on foreign divorce recognition and bigamy helps determine marital capacity on the wedding date.

14) Short counsel

Spousal entitlement hinges on valid marital status at death.
Later marriages during a subsisting prior marriage are void (save for valid Muslim polygyny), so no spouse’s pension—but children’s rights remain.
Gather complete PSA and court documents early; where issues exist, pursue the proper judicial remedy to avoid prolonged suspension of benefits.

If you want, tell me your exact fact pattern (dates of the first and second marriages, any court rulings, religion of the parties, and children’s details). I’ll map it against the rules above and draft a document checklist tailored to your case.