Hi Larry,
I married on May 30, 2010 and I have been wanting to get a divorce for years Ever since my husband started using drugs in 2016. My attorney advised me to try and stick it out to the 10 year mark so that I would be able to collect on his Social Security benefit at my retirement age. I have not worked in over 10 years and he is a very high income earner. Does SSI recognize the 10 years mark as the date that you file or the date the judge signs the disillusion of the marriage. Not sure if I should wait untill June 1, 2020 or file now. In Michigan we have 180 days waiting period before a judge will finalize a divorce with minor children. So technically if I filed now, my divorce could not be final until the beginning of July 20, 2020.
Thanks for you help

Hi,

Social Security goes by the date that the divorce is considered final under state law. A final divorce decree is one that completely dissolves a marriage and restores the parties to the status of single persons. A final decree is issued immediately upon judgment in some instances and in others it follows an interlocutory decree or decree nisi.

I'm not familiar with the individual state divorce laws, but you'll want to make sure that your divorce isn't legally considered final prior to your anniversary date. If your divorce becomes final even one day prior to your 10th anniversary date you would not be able to qualify for divorced spousal benefits.

Best, Jerry