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The proceeds of earnings during marriage carry the community property marker on them and are community property. An insurance agent’s termination benefits are community property as they were vested benefits of employment, which occurred during marriage. A vested right is one which survives discharge or voluntary termination. Unconditional severance pay is community property as that benefit is a deferred compensation. Severance pay that compensates for future lost earnings and not as payment for services previously performed is not classified as community if it is paid while living separate and apart.

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