Social Security 10-year marriage rule: Does divorce filing date or final decree count for ex-spouse benefits?

SSA absolutely goes by the final decree date, not the filing date. I went through this exact situation last year. The agent I spoke with was very clear that as long as you were legally married until the divorce was FINALIZED for 10 years or more, you qualify. So in your case, 2012 to 2025 is definitely over 10 years - you're good!

my friend got denied cause her divorce took 2 long... something about rules for if u reconcile during the divorce process... better double check your case is different than hers

I WENT THROUGH THIS NIGHTMARE in 2023!!! They absolutely 100% use the FINAL DECREE date. I had a similar timeline (though my divorce only took 2 years not 3.5). The big issue is you MUST have the official court documents showing both your marriage date AND the final divorce decree date. Don't just walk in with photocopies - they rejected mine twice!! Had to get court-certified copies with the raised seal. The whole system is designed to make you give up!!!

If you're struggling to reach someone at SSA, I'd recommend trying Claimyr (claimyr.com). I was in a similar situation trying to verify my ex-spouse benefit eligibility and kept getting disconnected. Claimyr got me connected to an actual SSA agent in about 20 minutes instead of hours of hold time. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Regarding your question, SSA specifically uses the date the divorce was finalized by the court (the decree date), not the initial filing date. This is clearly stated in their Program Operations Manual System (POMS) which is their internal rulebook. So your marriage from June 2012 to April 2025 would qualify as over 10 years for ex-spouse benefit purposes.

wait does this mean i can collect from my ex?? we were married 11 years but i never thought to apply for his ss

The date that matters is definitely the final divorce decree date. But here's something else to consider - are you sure you even want to claim on your ex's record? Remember that to qualify you also need to be unmarried when you apply (unless your later marriage also ended). And the benefit is only worthwhile if 50% of your ex's benefit is more than 100% of your own. Just something to think about while you're planning.

My aunt just went through this process and there's another catch - even if you qualify based on the 10-year rule, you can only get ex-spouse benefits if your former spouse is eligible for benefits (meaning they're at least 62) OR has already filed for their benefits. The only exception is if you've been divorced for at least 2 years, then you can claim on their record even if they haven't filed yet. Just something else to keep in mind with your planning!

so i think it depends on your state too? my cousin in florida had different experience than my friend in texas

Thanks everyone for your helpful responses! This is such a relief to know that the final decree date is what matters. I've got my certified copies of both the marriage certificate and divorce decree ready to go. I'll try that Claimyr service to actually reach someone at SSA and confirm everything for my specific case. Really appreciate all the advice!

I just wanted to add that if you're planning to claim ex-spouse benefits, you should also be aware that you can potentially switch strategies later. For example, you could start by claiming your own reduced benefit at 62, then switch to ex-spouse benefits at full retirement age if that would give you more money. Or vice versa - claim the ex-spouse benefit first and delay your own until age 70 for maximum credits. It's worth discussing these timing strategies with SSA when you call, since the optimal approach depends on your specific benefit amounts and financial situation.

As someone who works in family law, I can confirm that SSA consistently uses the final divorce decree date for the 10-year marriage requirement. However, I'd also recommend getting a written statement from SSA confirming your eligibility once you do speak with them. Sometimes there can be complications if there were any temporary separations or reconciliations during the divorce process that might affect the "continuous marriage" requirement. Also, make sure you have documentation showing you remained legally married throughout the entire divorce proceedings - some states have quirky rules about legal separation that could potentially complicate things. Better to have everything crystal clear upfront than deal with surprises later when you actually file for benefits!

I'm new to this community but wanted to share what I learned when I went through a similar situation last year. The SSA definitely uses the final decree date, but I'd also suggest keeping copies of ALL your divorce paperwork - not just the final decree. In my case, they asked for the original filing documents too because they wanted to verify there weren't any unusual circumstances during the proceedings. Also, if you do use Claimyr to get through to SSA, make sure to ask the agent for their direct callback number or extension. Several people in my local support group have had success getting the same helpful agent on follow-up calls that way, which saves time if you need clarification on anything later. Your timeline definitely qualifies you - June 2012 to April 2025 is well over the 10-year requirement!

I just wanted to chime in as someone who recently helped my sister navigate this exact situation! Everyone here is absolutely correct - SSA uses the final divorce decree date, not the filing date. My sister's divorce also took over 3 years to finalize, and she was worried about the same thing. When she finally got through to SSA (took her multiple attempts too!), they confirmed that as long as the marriage lasted 10+ years from wedding to final decree, she qualified. One thing I'd add is to make sure you have your ex-spouse's Social Security number ready when you call SSA - they'll need it to look up their earnings record and calculate your potential benefit amount. Also, don't be discouraged if the first agent you speak with seems uncertain about the rules - my sister had to speak with a supervisor to get a definitive answer. The good news is your timeline from June 2012 to April 2025 clearly meets the requirement! Hang in there with the phone calls - it's worth the effort to get this sorted out properly.

I've been following this thread as someone who went through the SSA ex-spouse benefits process about 6 months ago. Everyone here is spot-on about the final decree date being what matters - that was confirmed multiple times during my application process. One additional tip I'd offer: when you do get through to SSA, ask them to explain the "deemed filing" rules if you're planning to claim before your full retirement age. This can affect whether you're automatically filing for both your own benefits AND spousal benefits simultaneously, which might not be the optimal strategy depending on your situation. Also, if you end up needing to visit a local SSA office instead of handling everything by phone, try to schedule an appointment rather than walking in - the wait times are much more predictable that way. Your case sounds very straightforward though, so I think you'll have a smooth process once you actually connect with them!