MBE Rules · Community Property

Life Insurance Apportionment

In re Marriage of Lorenz (1983) 146 Cal.App.3d 464

The rule

Where community and separate funds are used to pay life-insurance premiums, the community and separate estates are entitled to proportionate shares of the proceeds. For term insurance, the last-premium rule generally controls; for whole-life, the pro-rata premium ratio governs.

In plain English

When life insurance premiums are paid using both community property and separate property funds, the proceeds from the policy are divided based on the proportion of each type of fund used. For term life insurance, the last premium paid determines the division, while for whole life insurance, the division is based on the ratio of total premiums paid from each source.

Worked example

A couple uses $10,000 from their community funds and $5,000 from one spouse's separate funds to pay for a whole life insurance policy. When the policy pays out $150,000 after one spouse's death, the community estate is entitled to 67% of the proceeds, while the separate estate receives 33%.

Memory hook

Proceeds split based on who paid the premiums!

The trap

Exams may confuse students by mixing up the rules for term and whole life insurance, leading to incorrect apportionment calculations. Pay close attention to the type of insurance when determining how to divide the proceeds.

How examiners test it

Questions often present a scenario involving mixed funding for life insurance premiums and ask for the correct division of proceeds, testing your understanding of the last-premium and pro-rata rules.

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