Friday, February 5, 2010

Sick days NOT marital property that your spouse can take a share

In a split decision, the Illinois Supreme court ruled this month that accrued sick days are NOT marital property that your spouse can get a share of in a divorce. Since it was a split decision, there is still some debate about it but the law will be clear nevertheless.

In the case the husband had banked over 100 sick days at his government job (good gig if you can get it) The supreme court said no deal to the trial court's split because the value assigned to the sick days would be too speculative and that it was unknown whether the husband would ever use his sick days before he terminated his employment or retired. Therefore, wife did not get a piece of it.

Of course, reading through the case, it seems like the value of what the party's were fighting over was about $15,000. Taking a case up the Illinois Supreme Court case is VERY expensive. This is likely one of those cases where the parties spent upwards of $30,000 on attorney fees to fight over $15,000. Who made out in the end? Take a guess.....

Read the entire case at In re Marriage of Abrell