I will be filing for divorce soon. I am so close to 10 years. My soon to be ex makes almost twice as much as I do, will this benefit me to wait? Also if I wait, how long before our 10th year anniversary can I file the do it yourself papers?Can i file a month or two before the 10 year anniversay as long as it won't be final until after the 10 years mark? Is filing the "Divorce Decree" the date that counts? Hope this makes sense. Please help, I do not want to wait any longer than I have to.

Hi,

The only sure thing is that you won't ever be able to draw benefits on your ex's record if your marriage lasts less than 10 years, although you still could be eligible if your ex dies and you have a minor or disabled child of his in your care.

In order for the marriage to last at least 10 years, the divorce can't become final prior to the 10th anniversary date of the marriage (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300202005).

Best, Jerry