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Marriage of Elfmont

Supreme Court of California

9 Cal. 4th 1026 (1995)

Relevant factsFree

John (defendant) and Edie (plaintiff) Elfmont, married since 1975, saw John purchase disability insurance coverage in 1977 as a physician, increasing coverage in 1980 and 1983 and later adding two more term policies, all automatically renewing so long as premiums were timely paid, with premiums paid using community funds up until the couple's May 1987 separation and John's own separate-property funds afterward. John became disabled in 1989 and the benefits became payable in 1990. The trial court found the original 1977 coverage and its 1980 increase were John's separate property (intended to replace his earnings), while the 1983 increase and additional policies were community property (intended as retirement income); John appealed, and the court of appeals reversed the trial court's ruling before the California Supreme Court granted review.

IssueFree

Whether disability insurance benefits initially purchased using community-property funds, but renewed using separate-property funds after separation, are considered community property.

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