Thailand sets out death benefits following marriage equality law
Spouses of all genders with legally registered marriages may receive death allowances, funeral expenses and old-age lump-sum benefits under Social Security Office rules.
- Following the enactment of the Marriage Equality Law, legally registered spouses of all genders in Thailand are now recognized as lawful spouses and are eligible for equal social security benefits.
- The death-related entitlements for a surviving spouse include a death allowance, a flat-rate funeral expense payment of THB50,000, and a share of the deceased's old-age lump-sum benefit.
- If an insured person has not designated a beneficiary in writing, their legally registered spouse is given the highest priority to receive the death allowance.
Deputy government spokesperson Ploythalay Laksameesaengjan said on Saturday (August 15, 2026) that the government was prioritising benefit entitlements and improving its service system to accommodate diversity, ensuring comprehensive and equal protection for all insured persons.
This followed the entry into force of the Civil and Commercial Code Amendment Act 2024, or the “Marriage Equality Law”, which changed the definition from “a man and a woman” to “two persons”.
People of all genders who have legally registered their marriages are consequently recognised as lawful spouses and receive equal protection of their rights.
She added that spouses of all genders whose marriages were legally registered were eligible for benefits under the criteria and conditions set by the Social Security Office.
Death-related entitlements include a death allowance, funeral expenses and an old-age lump-sum benefit, as follows.
Death allowance
If an insured person names a beneficiary in writing, the allowance is paid to that person in accordance with the prescribed criteria.
If no beneficiary is named in writing, it is paid to eligible recipients in the following order.
- A husband or wife whose marriage is legally registered.
- The father and mother. If no marriage was registered, only the mother is entitled.
- Children, including legally adopted children.
Funeral expenses
A spouse may act as the person responsible for arranging the funeral and submit a claim for funeral expenses to the Social Security Office.
The office pays funeral expenses at a flat rate of THB50,000, subject to the prescribed criteria and conditions.
Old-age lump-sum benefit
If an insured person covered under Section 33 (employees insured through their jobs) or Section 39 (former employees who voluntarily continue social security coverage) dies before receiving an old-age pension, their heirs are entitled to an old-age lump-sum benefit comprising accumulated contributions and accrued returns.
The benefit is divided among eligible recipients as follows.
- Legally recognised children collectively receive two shares. If there are three or more children, they collectively receive three shares.
- A husband or wife whose marriage is legally registered receives one share.
- Living parents receive one share.
- A person designated in writing by the insured person receives one share alongside the heirs.
“If there are no heirs or named beneficiaries, payment will be made in the following order, beginning with full siblings, followed by younger siblings who share either the same father or mother, paternal and maternal grandparents, and uncles and aunts. An insured person may designate someone other than an heir as a beneficiary by naming them in writing in advance under the prescribed criteria, ensuring that benefits are paid correctly in line with the insured person’s wishes. Eligible recipients may apply for death benefits within two years of the insured person’s death at any convenient Social Security Office nationwide, whether a Provincial Social Security Office or a Bangkok Area Social Security Office. To safeguard their entitlements and ensure that benefits are received correctly, insured persons should check and prepare all documents relating to their rights,” Ploythalay said.
