Ellis

Introduction

In a 1991 final judgment on dissolution of the marriage of appellant Harold A. Ellis (Harold) and respondent Madeline Ellis (Madeline), 1 the trial court reserved jurisdiction of the issue whether there is a community property interest in a medical subsidy available to Harold upon his subsequent retirement. In January 2001, after Harold’s retirement, Madeline requested the trial court to set a hearing on the reserved issue. Harold requested the court to bifurcate the issue whether there is a community property interest from the issue of evaluating its amount, in order to possibly avoid discovery and expert witness expenses as to valuation. The trial court did so, and the parties submitted briefs, declarations, and documentary evidence addressing Harold’s contentions that the medical benefit was attributable solely to his postseparation earnings or was otherwise not divisible as community property. After a hearing, the trial court issued its order finding “a community interest in the health insurance subsidy benefits in [Harold’s] health plan and jurisdiction to divide same.” The court set a date in October 2001 for a hearing on value. Harold filed a notice…