Can Social Security use divorce decree Nisi date instead of court date for 10-year marriage rule?
I'm freaking out about my ex-spouse benefits! My marriage ended at 9 years and 11 months when we went to court (literally 3 weeks shy of the 10-year mark). But the divorce wasn't technically final until the 90-day Nisi period ended, which pushed it past 10 years total. Will Social Security count the court date or the final Nisi date when determining if I meet the 10-year marriage requirement for ex-spouse benefits? This makes a HUGE difference for my retirement planning since I earned significantly less than my ex. Has anyone dealt with this specific situation before? The Social Security website isn't clear about which date they actually use.
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Yuki Sato
The Social Security Administration uses the date the divorce became FINAL, not the date you went to court. So if your divorce wasn't legally final until after the Nisi period, and that pushed you over the 10-year mark, you should qualify for ex-spouse benefits. Make sure you have documentation showing both dates clearly. The 10-year marriage duration requirement is strictly enforced - not a day less will qualify.
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StarStrider
•Thank you so much! That's exactly what I was hoping to hear. I still have all the court paperwork somewhere, I'll dig it out and make sure the dates are clearly documented. What a relief!
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Carmen Ruiz
my sister thought she hit 10 years too but SSA said no when she applied. they counted from the marriage certificate to the date the judge signed the papers, not when everything was totally done. maybe different states have different rules??
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StarStrider
•Oh no, that's concerning. I wonder if it varies by state? I'm in Massachusetts with the 90-day Nisi period. Did your sister appeal or talk to someone higher up at SSA?
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Carmen Ruiz
•she just gave up. too frustrating to keep fighting with them
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Andre Lefebvre
The OFFICIAL rule is that Social Security uses the date when the divorce became legally final according to your state law. If your state has a waiting period (Nisi period) before a divorce is considered final, then the end date of that period is what counts. I went through this EXACT situation in 2019 and qualified because my divorce wasn't final until after the waiting period, which pushed me just over 10 years. BUT—and this is important—when you apply, the claims representative might not automatically know this distinction. I had to specifically point this out and provide documentation showing both the initial court date and the final divorce date. Don't just take the word of the first person you talk to at SSA if they say you don't qualify!
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StarStrider
•This is incredibly helpful! It sounds like I'll need to be prepared to advocate for myself when I apply. Did you have to bring specific documentation or cite specific rules when you applied?
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Andre Lefebvre
•Yes! Bring your divorce decree that shows both dates clearly. I also printed out POMS section GN 00305.135 from the SSA operations manual (you can Google it) which specifically addresses duration of marriage for divorce benefits. Having the exact policy in hand really helped when the representative initially tried to deny my claim.
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Zoe Alexopoulos
Hate to be that person but have you actually called SSA directly to ask them? Their website never has all the details for edge cases like this.
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StarStrider
•I've tried calling multiple times but keep getting disconnected after waiting for 1-2 hours. It's so frustrating! I was hoping someone here might have firsthand experience before I waste more time on hold.
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Jamal Anderson
•If you're having trouble getting through to SSA by phone, you might want to try Claimyr. It helped me get through to a real person at Social Security in about 15 minutes instead of waiting for hours or getting disconnected. I was skeptical at first but it actually worked - they have a video showing how it works at https://youtu.be/Z-BRbJw3puU. I used it when I had a similar question about my divorce and benefit eligibility that the website didn't answer clearly.
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StarStrider
•Thanks for the suggestion! At this point I'll try anything to get a definitive answer. I'll check out that video.
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Mei Wong
My aunt just went thru this last year!!!!! She got denied at first cause the SSA person counted wrong but then she got a lawyer who fixed it and now she gets benefits!!! Don't give up!!!
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QuantumQuasar
•This is misleading. A lawyer can't "fix" your marriage duration. Either you were married for 10 years or you weren't. The issue here isn't about counting wrong but about which legal date SSA uses to determine when the marriage officially ended.
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Mei Wong
•no the lawyer proved the nisi date was the real date thats what i meant! sorry i didnt explain it right
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QuantumQuasar
According to SSA's Program Operations Manual System (POMS), section GN 00305.135, "The divorce date is the date the divorce became final in accordance with State law." Different states have different rules about when a divorce is considered final. In states with a Nisi period or interlocutory decree, the marriage legally continues until that period ends. The key is understanding how your specific state law defines when a divorce is "final." In Massachusetts, for example, the divorce isn't final until the Nisi period ends. Bring documentation showing both dates and be prepared to explain this distinction when you apply. Also important: you must be currently unmarried to claim on an ex-spouse's record, and your ex must be entitled to benefits (either already collecting or eligible to collect).
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StarStrider
•This is incredibly helpful! Yes, I'm in Massachusetts, and I've remained unmarried since the divorce. My ex is already collecting his retirement benefits. I'm turning 62 next year and trying to figure out all my options. Would it be better to apply in person at my local office rather than by phone to ensure they understand this distinction?
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QuantumQuasar
•Absolutely apply in person if possible. Bring certified copies of your marriage certificate, divorce decree showing both dates, and any other court documents from the divorce proceeding. In-person applications allow you to ensure all your documentation is properly scanned into their system and gives you a chance to explain your situation fully.
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Carmen Ruiz
dont ssi and social security retirement have different rules? maybe thats why people get different answers
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Yuki Sato
•You're confusing different programs. SSI (Supplemental Security Income) is a needs-based program for disabled or elderly people with limited income and resources. Social Security retirement benefits (sometimes called OASI - Old Age and Survivors Insurance) are what we're discussing here, specifically ex-spouse benefits under retirement. The 10-year marriage duration rule applies to ex-spouse benefits under retirement, not SSI.
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