In Re the Marriage of Marta Doris Cardona, and Jaime Felipe Castro

Summary

The court held that accrued vacation and sick leave earned during a marriage is marital property when the employee spouse has an enforceable right to payment under an employment agreement or policy. If the leave's value can reasonably be determined at dissolution, it must be equitably divided; otherwise, the right to the leave must be considered as an economic circumstance in dividing the marital estate. The court affirmed the court of appeals because the record contained no competent evidence that the husband had an enforceable right to payment for his accrued leave.