I appreciate that. My confusion lies in what I found is according to the IRS whether or not Social Security benefits are community property IS in fact determined under State law. However the state law in California seems to say that SS in NOT community property. This case was huge and the reason for my confusion. 1/11/16
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR B259322
(Los Angeles County
Super. Ct. No. BD520273 )
In this case the court held that because the husband’s Social Security benefits are separate property and the wife’s county retirement benefits are community property, the Social Security benefits may not be considered and the county benefits must be divided equally between the parties. Its possible there has been a ruling since this 2016 case that I have not seen. What I have read over and over though is that California law defers to federal law when it comes to SS benefits. I am not convinced that although California IS a community property state, Social Security benefits Are Not considered community. See the link here for some interesting reading on that topic. https://law.scu.edu/same-sex-tax/are-current-social-security-receipts-taxed-as-community-income/
Thanks for the tip on entering the numbers as positive!!! Appreciated!
