In Re Marriage of Saslow

Opinion

BIRD, C. J.

Where disability insurance policies are purchased during marriage with community funds, but the benefits are received after the parties have separated, are the benefits the separate property of the disabled spouse?

I

After 18 years of marriage, Eileen and Ernest Saslow (hereafter wife and husband respectively) separated in 1975.

During the marriage, the husband purchased several disability insurance policies payable upon his disability. He paid the premiums with community funds. Although the couple owned several orange groves, a residence, some

stocks, and eight life insurance…