Legal Question in Family Law in California

What is the legal way to split finances? I told my husband that, because the entire family is covered for medical under me and that is 1250 deduction from my paycheck every month, that he should be responsible for half of the deduction. He believes he should be responsible for the difference in my netpay if I only had two out of our four family members covered. We can't seem to come to an agreement on this, what is the legal or "fair" way of dealing with this?


Asked on 12/14/21, 1:43 pm

1 Answer from Attorneys

As I said earlier, there is no legal answer. Fair is pretty subjective, but as a certified mediator and arbitrator, here are my thoughts. What your husband is looking at is that Uncle Sam and Sacramento are footing part of the bill for your insurance premium because it comes out of pre-tax dollars. If you dropped two people your paycheck would not go up by the full amount of the reduced premium, because you would lose the tax break. So from a fairness standard, I don't see why you should get a credit on your family finances for the full 50% of the premium, when the tax people are funding part of it by you not having income taxes deducted on that money. Since you are only actually paying the premium net of the tax benefit, that seems to be the amount that should be split 50/50. To figure out that number you will need to know your nominal tax rate, state plus fed, deduct that percentage from the 1250 and you then hold back 1/2 of that number. So if you are in, say the 25% federal and 9% state brackets, you would multiply 1250 by 0.34, then deduct that from the 1250 and split the number you get 50/50. That's my $0.02.

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Answered on 12/16/21, 7:33 pm


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