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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More Community Property rules
- Interspousal Fiduciary Duty · Cal. Fam. Code § 721; § 1100(e)
- Management and Control of CP · Cal. Fam. Code § 1100(a)-(d)
- Equal Division at Dissolution · Cal. Fam. Code § 2550
- Putative Spouse Doctrine · Cal. Fam. Code § 2251
- Business Goodwill · Marriage of Foster (goodwill)
- Severance Pay · Severance pay (Cal.)