Q: We are getting a divorce in CA. My ex-spouse wants half of what was cut from my paychecks for social security taxes
I’ve been going through divorce for 2.5 years. We are almost at the end of our divorce. But since my ex-spouse is asking for something that does not make sense we might go to trial.
I only have one question and that is about social security taxes. Here is what my ex-husband wants:
Our marriage was 7.5 years. He didn’t pay social security taxes because he was in California Teacher’s Pension plan (CalSTRS) and he is retired now, but I paid social security taxes, and I am still working (CalPERS plan).
My ex-husband wants half of what was mandatory cut from my paychecks for social security taxes for 7.5 years. He claims those taxes came out of our community property (my paychecks).
I know that social security is spouse’s separate property Per “Marriage of Peterson” article.
But, I need the proof as in Law Codes? A printout that I can proof in court. Anything that I can show court and is legal document.
A: It's not something he is entitled to. I've never heard of such a thing.
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A:
While your ex-husband may argue that these contributions were made from community property funds, the law and precedent clearly define them as separate property not subject to division in divorce proceedings.
Consulting with a legal professional familiar with family law and property division in California can further assist you in preparing your case and presenting the necessary legal arguments and documentation in court.
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