I will assume that you wee divorced in AZ. The law there states that any type of benefit that substitutes for lost wages is subject to community property division
. However, Arizona Revised Statute 25-213(B)states that property acquired after the service of divorce papers is personal if the served papers result in the later entry of an order disolving the marriage.
From that, it appears that your Ex may have a claim on a portion of your back SS benefits for the peiod from when they began up to the date that she was served with the divorce papers, which I assume to be in May or June 2006, but not after that.
Community property is a tricky issue and there may have been new case law that has come down interpreting the statutes. I do not have access to AZ case law, and cannot tell you what it appears to hold. To be certain, you should consult with a lawe in Az who handles family law matters for advice. One way to do this inexpensively is to contact the local county bar association and using its lawyer referral service, which will grant you a short (30 minutes or so) consultation for a minimal ($25-50 fee) with no obligation beyond the consultation fee.
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