As a matter of first impression, when a spouse has an enforceable right to be paid for accrued vacation or sick leave, as established by an employment agreement or policy, such accrued leave earned during the marriage is marital property; where a court cannot reasonably ascertain the value of a spouse’s accrued vacation or sick leave at the time of marriage dissolution, in equitably dividing property, the court instead should consider a spouse’s right to such accrued leave as an economic circumstance of the parties.
http://www.cobar.org/opinions/opinion.cfm?opinionid=9214&courtid=2
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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