In Re Marriage of Havins

In this dissolution action, we hold that although a federal retiree’s continuing right to renew his subsidized health insurance is property, it is not divisible community property. Accordingly, the trial court erred in finding that “the availability of long-term health insurance at reduced premiums is a divisible property asset and that said asset must be divided equally between the parties.”

In addition, the trial court erred in awarding the former wife, Generosa Havins, an unspecified money judgment “for all sums wrongfully charged to her for health insurance from February 1, 1991 through the present date.”

Facts

The parties were divorced on April 6, 1990. At that time, Mr. Havins was a federal retiree receiving pension benefits from the Civil Service Retirement System and retiree health benefits from the Federal Employees’ Health Benefits Program.

The dissolution judgment, which is long since final, provides that “health benefits previously elected shall remain without change. Any charges or deductions shall be from the total gross with the balance divided equally between the parties.”

The judgment contemplated entry of a “qualified domestic relations order” under…