Can Social Security use divorce decree Nisi date instead of court date for 10-year marriage rule?

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.

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??

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!

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.

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!!!

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).

dont ssi and social security retirement have different rules? maybe thats why people get different answers

Based on my experience working with Social Security cases, you're in a good position! Massachusetts absolutely recognizes the Nisi period, and SSA must use the final divorce date (after the 90-day waiting period) when determining marriage duration. This is explicitly covered in their operations manual. Here's what I'd recommend: 1) Get certified copies of all your divorce paperwork showing both the initial judgment date and the final decree date, 2) Schedule an in-person appointment at your local SSA office rather than trying to handle this over the phone, and 3) Be prepared to educate the representative about Massachusetts divorce law if needed. The fact that your ex is already collecting benefits works in your favor - no waiting for him to file. At 62, you can start collecting reduced ex-spouse benefits (around 32.5% of his full benefit amount) or wait until your full retirement age for the maximum 50%. Just remember that if you're still working, earnings limits may apply until you reach full retirement age. Don't let anyone tell you that you don't qualify without thoroughly reviewing your documentation. The Nisi period is specifically designed to give couples time to reconcile, which means the marriage legally continues during that time.

I went through this exact situation in Connecticut, which also has a waiting period before divorce is final. Social Security definitely uses the date when your divorce became legally final according to state law, not the court appearance date. Since Massachusetts has the 90-day Nisi period and your divorce wasn't final until after that period ended (putting you over 10 years), you should absolutely qualify for ex-spouse benefits. One thing I learned is that different SSA representatives have varying levels of knowledge about state-specific divorce laws, so definitely bring documentation showing both dates clearly. I'd also suggest printing out the relevant section from the Program Operations Manual (POMS GN 00305.135) that others mentioned - it really helps to have the official policy in writing. You're smart to plan this out now before applying. The fact that your ex is already collecting makes the process smoother since there's no waiting period. Good luck with your application!

This is such valuable information for anyone dealing with divorce timing and Social Security benefits! I'm a benefits counselor and see this confusion regularly. The key point everyone has made is absolutely correct - SSA uses the date your divorce became FINAL under your state's law, not the initial court date. For Massachusetts specifically, the 90-day Nisi period means your marriage legally continued until that period ended. This is actually beneficial for people in your situation who are right on the edge of the 10-year requirement. One additional tip: when you apply, ask the representative to document in your file that they verified the marriage duration using the final divorce date per Massachusetts law. This creates a paper trail in case there are any questions later. Also, if you get an initial denial, don't panic - you have appeal rights, and these cases often get overturned on appeal when the proper documentation is reviewed. You're being very smart to research this thoroughly before applying. Having all your documentation ready and understanding the rules puts you in a strong position!