It is possible you are conflating two different issues. Your rights to survivors' benefits under social security vest after ten years (although this number needs to be re-checked). However, your right to one half of the increase in your spouse's employer-sponsored pension plan or IRA or similar instrument does not depend on the ten years. There is a presumption that you are entitled to one-half of the increase in value from the date of the marriage. The presumption can be overcome, or it can be modified, by about eleven other 'equitable considerations. If there is any significant sum of money involved, you would do well to consult an experienced family lawyer. Good Luck.
Answered on Jun 13th, 2013 at 10:05 AM