Same Sex Marriage Implications

[RichLB]

It seems likely the new government will legalize same sex marriage. This brings up a number of questions and/or observations on the consequences of marrying.
* If one currently uses the 800,000 baht method for retirement, will that be reduced to 400,000 if you get a marriage visa?
* Will there be a health insurance requirement if your current visa does not require it?
* I understand that US Social Security will pay survivor benefits to the spouse of a deceased citizen after a marriage of one year. Is this correct?
* Google says one can register a marriage in states that recognize same sex marriage and that will legalize it throughout the US. Is this correct?
* Are there IRS consequences for marrying a non citizen?
* Does such a marriage effect the Thai spouse's ability to get a visa to visit the US?
* What kinds of liabilities are incurred by a farang with such a marriage?
And, finally can anyone think of any other pros or cons to someone contemplating taking this step. I've been with my partner for over 20 plus years and wouldn't think of this without trusting completely.

[Gaybutton]

First, I doubt any board members are qualified to answer some of your questions. Even if same-sex marriage is legalized in Thailand, we don't know yet whether that will apply to Thais only or if it will also apply to Thai-farang marriages. It all remains to be seen.

Another question is what happens if the marriage doesn't work out and ends in divorce?

What about marrying someone who is transgender and is identified in Thailand as a third sex? That wouldn't be same-sex anymore.

Whatever happened to the idea of civil partnerships? I wonder whether that idea has been scrapped or whether there may be a choice between marriage and civil partnership and what the complications of those would be.

If Thailand does legalize same-sex marriage, it certainly will be interesting to get the answers to these questions, along with the many more questions and confusion that are bound to pop up.

I hope those of you who think of additional questions and issues will post. And please - if you are going to post what you think might be some of these answers, please identify those posts as guesses. If you know some of the answers, please tell us what you know and how you know it.

It might be worth trying to get some of the answers from same-sex marriages that are already legal in other countries, and that includes the USA. Here is a list of countries in which same-sex marriage is legal. I found it interesting that Belgium was the first to legalize same-sex marriage. I didn't know that.

Argentina (2010)
Australia (2017)
Austria (2019)
Belgium (2003)
Brazil (2013)
Canada (2005)
Colombia (2016)
Costa Rica (2020)
Denmark (2012)
Ecuador (2019)
England/Wales (2013)
Finland (2015)
France (2013)
Germany (2017)
Greenland (2015)
Iceland (2010)
Ireland (2015)
Luxembourg (2014)
Malta (2017)
The Netherlands (2000)
New Zealand (2013)
Northern Ireland (2019)
Norway (2008)
Portugal (2010)
Scotland (2014)
South Africa (2006)
Spain (2005)
Sweden (2009)
Taiwan (2019)
United States (2015)
Uruguay (2013)

[Jun]

First, I doubt any board members are qualified to answer some of your questions

I doubt anyone anywhere is qualified to answer questions on laws which have not even been passed yet.
It requires some kind of crystal ball.
However, if you're genuinely interested, why not research findings and pitfalls for heterosexual marriage ?

Even if same-sex marriage is legalized in Thailand, we don't know yet whether that will apply to Thais only or if it will also apply to Thai-farang marriages.

We don't KNOW, but the probability of the next Thai government taking the liberalizing step of introducing gay marriages and simultaneously restricting that by race or nationality is, in my view, near zero.
This would just not look credible. Particularly when there is no such rule for heterosexual marriage.

[Dodger]

1) I understand that US Social Security will pay survivor benefits to the spouse of a deceased citizen after a marriage of one year. Is this correct?

2) Are there IRS consequences for marrying a non citizen?

And, finally can anyone think of any other pros or cons to someone contemplating taking this step. I've been with my partner for over 20 plus years and wouldn't think of this without trusting completely.

Rich,

Yes this is good news - as Khun Pita and his newly-formed coalition have already slated gay marriage to be approved within the first 100 days of taking office as stated in the MOU that was signed last week. As far as the details which relate to many of your questions we'll just have to wait and see...this being Thailand.

Having said that, I think I can answer two of your questions with a reasonable amount of confidence:

1) Unless your Thai spouse is a US citizen or a permanent resident (green card holder) he/she is not entitled to survivor benefits.
2) The answer is "no".

Regarding the pros and cons; Personally I don't see any real advantage to being married as long as my Thai partner (Jai) and i continue to maintain the Last Wills & Testaments we established years ago. We've named each other as Executors/Heirs for legal protection which is about all we feel the need for. Farang/Thai couples who are in LTR's who don't have W&T's in place are making a big mistake IMO. That's enough acronyms for one day...555

By-the-way...Congratulations on the length of your relationship. You and Smiles down in Hua Hin appear to be the record holders...

[windwalker]

By-the-way...Congratulations on the length of your relationship. You and Smiles down in Hua Hin appear to be the record holders...

May I ask the length of these relationships? I have a friend who has been in a relationship for 25 years, although not married the entire time, but did marry in USA.

[RichLB]

Yes, we have been a couple for 21 years and I treasure every one of them.

[billyhouston]

I suspect that one possible restriction will be that at least one of those being married must be a Thai citizen. This will not affect many people, but it will affect me as my partner is from Shan State. We are relative newbies, having only been together for 17 years.

[Jun]

I suspect that one possible restriction will be that at least one of those being married must be a Thai citizen.

Surely the law makers will start with the existing rules for heterosexual marriage ?
Then consider what needs to be changed. Which ought to be nothing.

In which case, anyone who wants to speculate on this could just research what the current marriage rules are.

[Dodger]

I suspect that one possible restriction will be that at least one of those being married must be a Thai citizen. This will not affect many people, but it will affect me as my partner is from Shan State. We are relative newbies, having only been together for 17 years.

My comments below are simply "my opinion" based on research and not to be taken as the gospel - as there are usually too many loopholes and opportunities for misinterpretation in Thai laws to be anyone's gospel.

Based on everything I've read there is no provision in Thai law which allows a foreigner to marry a non-Thai in Thailand. Your partner, being of Shan State nationality would not be able to get married in Thailand unless he was marrying a Thai national - so your assumption is probably correct.

Thailand makes it very easy to marry a Thai girl under current law...even for foreigners who are simply here on holiday. Go figure! All they have to do is show a minimum of 400,000 THB in their Thai spouses bank account + a minimum income of 40,000 THB + health insurance providing 400,000 THB/in-patient and 40,000 THB/out-patient coverage and they're pretty much there. Having said that I wonder how many farang have deposited 400,000 THB (or more) in their newly wed's name only to end up getting divorced a week later. TIT

Congratulations on your 17 year relationship as an "unmarried couple". Without the type of human "bond" that's necessary in any successful relationship I doubt you guys would have lasted 17 months - let alone 17 years. IMO... it's that type of "bond" that matters the most.

[Gaybutton]

One question I'm thinking about is if the person you marry is also the person you intend to leave everything to when you die, would a will still be necessary?