@bayder
My example is a bit more concerned with the opposite, where a CV is =100% able to pick up the plane after combat but not before.
Me and Bayder and Rumrem had a few examples run in a bot.
I think we came to these conclusions, correct me if I'm wrong:
Any move that is 100% guaranteed to be possible after combat in LL is a legal move with the exception of where this results depends on picking planes as casualties as that would be kamikaze planes.
I think I was a bit confused by the nature of the above example in the OP as it splits 2 planes from a carrier that can theoretically hold both of them. But one of them incidentally has to become a kamikaze plane, the mental conundrum now could be deciding which 😉 But thats a whole other thought experiment.