(a) Insurance proceeds paid or payable that arise from a casualty loss to property during marriage are characterized in the same manner as the property to which the claim is attributable.(b) If a person becomes disabled or is injured, any disability insurance payment or workers’ compensation payment is community property to the extent it is intended to replace earnings lost while the disabled or injured person is married. To the extent that any insurance payment or workers’ compensation payment is intended to replace earnings while the disabled or injured person is not married, the recovery is the separate property of the disabled or injured spouse.
Tex. Fam. Code ยง 3.008
Added by Acts 2005, 79th Leg., Ch. 490, Sec. 1, eff. September 1, 2005.
