Does a spouse have a right to a portion of the proceeds of a life insurance policy that was acquired during marriage?

California, United States of America


The following excerpt is from Bowman v. Bowman, 171 Cal.App.3d 148, 217 Cal.Rptr. 174 (Cal. App. 1985):

We also find Biltoft v. Wootten (1979) 96 Cal.App.3d 58, 157 Cal.Rptr. 581 instructive. In Biltoft, the decedent husband had group life insurance through his employment. Prior to his death, but after the parties' separation, husband changed the beneficiary from his wife to his children. Wife claimed an interest in the proceeds. The court found wife had a right to her community interest portion of the proceeds because the policy was acquired during marriage and "[t]he decedent's community efforts for the 20 years prior to the separation maintained the policy in force." (Id., at p. 61, 157 Cal.Rptr. 581.)

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