Family Court: Characterizing Property
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§5.10 Continuing Medical Insurance

Even if an employee's right to employer subsidized continuing health insurance on retirement accrues during the employee's marriage, it is not a community property right if the retiree pays the premiums with separate funds. The premiums and the employer contributions are redetermined each year, so there is nothing in the plans that guarantees the employee will always receive a subsidy in a specific amount or that the subsidy will always equal the premium. [Marriage of Ellis (2002) 101 CA4th 400, 408.]

   

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