Marriage FAQ....? Advice?

[Dezmo]

       Been looking around the 'net looking for general information on marriage.   Specially an American man marrying a Thai woman.  Each have adult children.  She has a 10-year tourist Visa to USA (think up to 6 months each year).  He has O type retirement Visa at the moment.    Both soon to retire though both may pick up occasional work from home country.  He might start receiving Social Security in a few years.   She will have a  government pension (government worker).  Neither have been married prior. 

 

     We talked about possible marriage in the future and assumed a prenuptial.  Both have significant assets from home country.   Assume we want to protect those assets for our own children.   Future plan is to live in Thailand and USA, and travel. 

 

     A few questions come to mind...

- Does it matter if we get a prenuptial in Thailand or the USA?    Do both recognize it in case of a future issue?

- Does it matter what country we get married? ....though think she prefers Thailand so I'm curious how the USA recognizes that?     I assume some paperwork ...  Assume USA needs to recognize it so she might be able to get a different Visa?

- Thought I read that she could more easily work in the USA if desired, if married to an American.   She had looked into working there before (there is a process/exam for Nurses who then have to get sponsored by employer).

- Anything else I should know or think about?   Suspect a good attorney in Thailand would be useful.   

 

Thanks!

 

 

Edited August 16 by Dezmo

[Liquorice]

On 8/16/2024 at 4:12 PM, Dezmo said:

- Does it matter if we get a prenuptial in Thailand or the USA?    Do both recognize it in case of a future issue?

You should make 2 prenuptial agreements, one for each Country, covering respective assets.
That said, in Thailand only assets acquired after marriage are shared. Assets acquired before marriage are not.

On 8/16/2024 at 4:12 PM, Dezmo said:

Does it matter what country we get married? ....though think she prefers Thailand so I'm curious how the USA recognizes that?     I assume some paperwork ...  Assume USA needs to recognize it so she might be able to get a different Visa?

A Thai marriage is automatically recognised in the US, whilst a US marriage is not automatically recognised in Thailand, it must be registered.

[Dezmo]

On 8/22/2024 at 9:10 AM, Liquorice said:

You should make 2 prenuptial agreements, one for each Country, covering respective assets.
That said, in Thailand only assets acquired after marriage are shared. Assets acquired before marriage are not.

A Thai marriage is automatically recognised in the US, whilst a US marriage is not automatically recognised in Thailand, it must be registered.

Can both prenuptials be signed in 1 country....e.g., have a USA attorney email it to Thailand and sign here? 

[Liquorice]

21 minutes ago, Dezmo said:

Can both prenuptials be signed in 1 country....e.g., have a USA attorney email it to Thailand and sign here? 

Many contracts can be completed online these days using an electronic signature, but only a US attorney can definitively answer your question.

Both prenups should mention the other prenup and be specific about the assets of the Country it relates to, the same as with a Will.

[Dezmo]

    Thanks, as a follow-up related to health insurance.      I'm curious how a Thai wife (married to American) would receive medical care ( or be covered/pay for) in the USA...

  Here are some scenarios...

   She might be retired from a Thai government job, in her 50s and have a Thai pension and insurance.   It's possible she may also work part time in the USA also (nursing). Unsure if employer would offer benefits..

    He could have insurance through his employer (and assume he could cover her) as a spouse.

   But if he has his own private  insurance or is on Medicare (maybe with an Advantage plan) ....I assume she cannot be covered in the latter (from what I read unless she paid into it, etc.)...

  So how would she handle medical care in the USA,  if needed.   I guess we can find out if her Thai insurance would handle it...etc.. or she would need to pay cash and try to get reimbursement..

  Any experiences would be useful....

[Liquorice]

6 hours ago, Dezmo said:

So how would she handle medical care in the USA,  if needed.   I guess we can find out if her Thai insurance would handle it...etc.. or she would need to pay cash and try to get reimbursement..

Any Health Insurance from her employment in Thailand would not cover overseas health care.

As with many expats that retire to Thailand, the choice is to either privately Insure, or self insure.
Age is a factor. The older you become, the higher the risks and the annual premium.
 

[Marc26]

6 hours ago, Dezmo said:

    Thanks, as a follow-up related to health insurance.      I'm curious how a Thai wife (married to American) would receive medical care ( or be covered/pay for) in the USA...

  Here are some scenarios...

   She might be retired from a Thai government job, in her 50s and have a Thai pension and insurance.   It's possible she may also work part time in the USA also (nursing). Unsure if employer would offer benefits..

    He could have insurance through his employer (and assume he could cover her) as a spouse.

   But if he has his own private  insurance or is on Medicare (maybe with an Advantage plan) ....I assume she cannot be covered in the latter (from what I read unless she paid into it, etc.)...

  So how would she handle medical care in the USA,  if needed.   I guess we can find out if her Thai insurance would handle it...etc.. or she would need to pay cash and try to get reimbursement..

  Any experiences would be useful....

I did a quick Google search and read many people adding their spouse on their employer insurance when on a B1/B2 visa , although it would be up to the insurance company 

 

Also, as far as working as a nurse

She would need to take tests and be certified in the US to work as a nurse 

 

Now, a hospital may hire her as an orderly if she had nursing experience back in Thailand, but not as a full on nursery w/o the certifications

 

 But she can't work on a B1/B2 visa.....

[Dezmo]

8 hours ago, Marc26 said:

I did a quick Google search and read many people adding their spouse on their employer insurance when on a B1/B2 visa , although it would be up to the insurance company 

Also, as far as working as a nurse

She would need to take tests and be certified in the US to work as a nurse 

Now, a hospital may hire her as an orderly if she had nursing experience back in Thailand, but not as a full on nursery w/o the certifications

 But she can't work on a B1/B2 visa.....

Thanks.  We know the process to work in the USA as a nurse...and she would need sponsorship by an employer.  But I thought I read if she was married with the applicable marriage Visa, she could work without needing sponsorship but still need to pass the tests (which she can easily do).

The challenge is if I don't have employer insurance to cover her...  I wonder if she can get insurance through the exchanges...I'll have to research..

[AussieBob]

IMO best to get married and registered in Thailand, then register that marriage back in USA afterwards. If something goes wrong in the future, then your assets are much 'safer' than they would be if the marriage is in USA (depending on the State).  My Thai wife and I did that because of the marriage laws in Australia, and the need to make sure my assets in Australia go to her in Thailand. 

No need for a pre-nuptual in Thailand, but definitely both of you should get two Wills - one for each country and covering all the assets in those countries.