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California Community Property Keyed to Carrillo, 11th Ed.
Marriage of Elfmont
Citation:
891 P.2d 136 (Cal. 1995)Facts
John H. Elfmont and Edie M. Elfmont married in 1975 and separated in May 1987. During the marriage, John practiced medicine as an obstetrician and gynecologist, earning approximately $450,000 annually. Between 1977 and 1984, the couple purchased disability insurance policies with community funds totaling $9,000 per month in benefits, structured as three-month renewable term insurance. John also established a corporate pension plan worth approximately $600,000 at separation. In 1980 or 1981, John injured his back lifting his daughter, though he did not consider it significant at the time. Evidence showed John repeatedly expressed his intention to retire by age fifty. After separation, John continued paying renewal premiums with his separate property. In 1989, John suffered additional back injuries and became disabled. In January 1990, he applied for and began receiving disability benefits totaling $9,000 per month, which were expected to continue indefinitely.
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