Is a husband entitled to change the beneficiary of a life insurance policy where the husband's disability benefits are invalid?

California, United States of America


The following excerpt is from Marriage of Saslow, In re, 221 Cal.Rptr. 546, 40 Cal.3d 848, 710 P.2d 346 (Cal. 1985):

In his cross-appeal, the husband asserts that the trial court should have awarded him the cash value generated by the operation of provisions in the life insurance policies which excused the payment of premiums upon his disability. The husband argues that the premium waivers are the equivalent of having the premiums paid out of the husband's separate property. He claims, therefore, that the portion of the value attributable to the premium waivers is his separate property, and he should be allowed to change the beneficiary of these policies. (See Patillo v. Norris (1976) 65 Cal.App.3d 209, 217, 135 Cal.Rptr. 210.)

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