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IN RE MARRIAGE OF ROSSIN

No. H032258.

172 Cal.App.4th 725 (2009)

In re the Marriage of BELITA and RICHARD ROSSIN. BELITA ROSSIN, Appellant, v. RICHARD ROSSIN, Respondent.

Court of Appeals of California, Sixth District.

March 24, 2009.

Attorney(s) appearing for the Case

Law Office of Mary K. Simpson, Mary K. Simpson; Law Office of Mary Bird and Mary C. Bird for Appellant.

Law Office of Lance A. Russell and Lance A. Russell for Respondent.

OPINION

McADAMS, J. —

In this marital dissolution case, the parties dispute the proper characterization of disability benefits. Prior to the marriage, the wife had purchased a private disability policy, paid all the premiums, and started collecting benefits. The trial court nevertheless treated the benefits received by the wife during marriage as community property, reasoning that they were a substitute for wages.

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