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Community Property

Explore crucial aspects of family law with insights into life and casualty insurance, pensions, and business goodwill. This collection discusses key cases and concepts, including the rights to pension benefits, the intricacies of defined benefit vs. defined contribution plans, and the complexities of valuing professional goodwill. Learn about the impact of student loans, disability benefits, and wage replacement entitlements on family law proceedings. Gain a comprehensive understanding of the legal principles governing insurance and retirement benefits in the context of marriage and divorce.

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Community Property

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  1. Community Property Richard M. Cartier San Joaquin College of Law Class 8 [322-413; 685-699]

  2. Insurance • Life Insurance • Whole life • Term life • Justice King’s musings . . . If uninsurabilty arises during marriage + guaranteed right to renew . . . . • Casualty Insurance

  3. Employment related interests • Pensions • Defined benefit • Defined contribution • Non-vested • Vested • Matured

  4. Pension cases • IRMO Brown –322 • “Cash out” • “Brown out” • Reserve jurisdiction? • QDRO • IRMO Gillmore – 330 • “Gillmore election”

  5. Business and Professional Goodwill • What is it? • How do we value it?

  6. Professional Degrees and Licenses • IRMO Sullivan • IRMO Watt Fam. C §§ 2641; 4320 Student loans – Fam. C § 2627

  7. Pension benefits • “time rule’’ • IRMO Poppe – p. 338 • Right to reinstate a pension • IRMO Lucero – p. 342 • Terminable interest doctrine

  8. Other wage replacement benefits • Disability benefits • IRMO Jones – p. 348 • IRMO Steinquist – p. 352 • IRMO Saslow – n 2 –p. 355 • Mansell II – n 3 – p. 356

  9. More wage replacement benefits • Severance pay: Wright – 356 • Contract right + Related to services during marriage • Early Retirement Benefits: Lehman – 360 • Group health and life insurance: Spengler – 366 • Stock Options: Hug – 371 • Compensation for past service OR “golden handcuffs”

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