SPRINGFIELD – Sick days and vacation days accrued by one spouse at a job cannot be split between a divorced couple, the Illinois Supreme Court has ruled.
In a case that could have implications in divorces across Illinois, the state’s high court ruled against a woman who wanted a share of her husband’s more than 100 sick and vacation days.
He banked them over years while working for the state.
A lower court had awarded Jacquie Abrell $15,000 to account for her share of her husband’s time off when they divorced.
The Supreme Court disagreed, voting 4-3 and arguing that paid time off is not marital property that can be split.
“We find that accrued vacation and sick days are not marital property subject to distribution in a dissolution of marriage action,” the majority of the court wrote.
Jacquie Abrell’s attorney had argued sick days should be treated like income stored in an account. When the couple is divorced, that money gets split a certain way.
But John Abrell’s attorney argued that his client doesn’t get the cash value of that paid time off until he uses the days or leaves his job. Therefore, he argued, his wife shouldn’t get that money up front.
The attorneys did agree, though, that the case could have far-reaching implications for couples in the same situation.
It’s especially true for most state workers, who are allowed to bank lots of sick and vacation days.
“It’s going to be a big issue for them,” said attorney William F. Moran III, who represented John Abrell.
In a dissent, Justice Rita Garman argued that the sick days should be considered deferred compensation and, therefore, should be split between the divorced couple.
Read the original article from Herald & Review.