CALIFORNIA FAMILY LAW
...Employment Benefits-Pension/Disability
......Disability Benefits
.........Characterization
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Nonmilitary disability pay is characterized based upon purpose payments are designed to serve.

Only excess of disability over retirement benefits is s/p.

Disability pay is s/p when employee not entitled to longevity pension.

If insured becomes disabled after last policy term for which a premium was paid before separation, benefits produced by policy renewals for subsequent terms are s/p.

Benefits received from disability insurance policy paid for with c/p must be characterized according to purpose designed to serve, according to intended retirement age.

Trial court erred in awarding to ex-W a c/p interest in H's CalSTRS disability allowance—she got her full c/p share of his CalSTRS ••retirement•• benefits and, as a matter of law, had no c/p interest in his postseparation ••disability allowance••.

Private disability benefits paid during marriage are s/p if the right to those benefits acquired before marriage without any contribution from community.

Disability payments are s/p until employee has right to longevity payments.

C/P entitled to portion of disability pay even when H retired before he had right to receive longevity pension. Look to purpose of award.

Disability payments were s/p until H reached retirement age, then c/p.

Disability pension s/p until employee reaches normal retirement age, then c/p based on time rule.

Disability payments properly assigned to disabled employee in absence of evidence he was entitled to retirement pay.

Only net amount of disability pay received in excess of longevity pension is s/p.

Court may not award W a portion of disability pension which nondisabled H may get in future.

Allocation of disability benefits between s/p and c/p.