In Re Marriage of Elfmont

KENNARD, J., Dissenting.

In a unanimous decision rendered in 1985, this court held that when a married couple buys a disability insurance policy with community funds, and the disabled spouse begins receiving benefits on the policy during the marriage, policy benefits paid after the couple has separated are the disabled spouse’s separate property if such benefits were intended to replace that spouse’s postdissolution earnings, but are community property if the couple purchased the policy with the intent to provide *1044retirement income. (In re Marriage of Saslow (1985) 40 Cal.3d 848 [221 Cal.Rptr.…