Legal Opinion
In Re Marriage of Elfmont
California Supreme Court
Decided April 10, 1995No. S038966PublishedCited by 10 opinions
1Opinion of the Court
Opinion
WERDEGAR, J.
Under what circumstances should disability insurance benefits received by a husband after dissolution of the marriage be divided as community property? In In re Marriage of Saslow (1985) 40 Cal.3d 848 [221 Cal.Rptr. 546, 710 P.2d 346] (hereafter Saslow), where the insurance was purchased wholly out of community funds and payment of the benefits commenced during the marriage, we held benefits received after separation were community property, insofar as they were intended to provide retirement income, and separate property, insofar as they were intended to replace the…
2Cases cited9 opinions
- In Re Marriage of AufmuthCalifornia Court of Appeal · 1979
- In Re Marriage of JonesCalifornia Supreme Court · 1975
- In Re Marriage of SullivanCalifornia Supreme Court · 1984
- In Re Marriage of SaslowCalifornia Supreme Court · 1985
- Bowman v. BowmanCalifornia Court of Appeal · 1985
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- 99 Cal. Daily Op. Serv. 2511, 1999 Daily Journal D.A.R. 3292 Minnesota Mutual Life Insurance Company, Plaintiff-Counter-Defendant-Appellee v. Donald Joe Ensley, Defendant-Counter-Claimant-Cross-Claimant-Appellant v. Laura L. Ensley, Defendant-Cross-Defendant-Appellee, and Kevin Burke Burke Group, Counter-Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1999
- Caverly v. GrayCalifornia Court of Appeal · 2007
- Bussell v. Comm'rUnited States Tax Court · 2008
- Walker v. WalkerCalifornia Court of Appeal · 2012
- 2004 Stuart Moldaw Trust v. XE L.I.F.E., LLCDistrict Court, S.D. New York · 2009
5 more not listed; retrieve them via the Exa API.