Do you count from the time the divorce is filed or from the time its finalized.

The good news is that the marriage is not over until the judge signs a final decree of divorce. So you will make it to ten years.  There's a minimum waiting period after filing a divorce of sixty days after the filing date. Plus you are going to be entitled to your share of the property whether or not you have been married ten years.  If you are asking about military retirement benefits you are entitled to a share after even a short marriage. The ten years gets you the advantage of being paid your portion of husband's retirement directly from DFAS. The ten year mark is also relevant in eligibility for spousal maintenance after the divorce. I recommend you check with the district clerk in your county to see if a divorce has been filed. Yes he needs to have you served or ask you to sign a waiver, but people are sneaky sometimes.