SPRINGFIELD - The Illinois Supreme Court Wednesday heard arguments over whether the value of a spouse's sick and vacation days can be split in a divorce - a case that could have a significant impact on divorce proceedings in the state.
In the case, John Abrell had accumulated more than 100 sick and vacation days in his time working with the state. Altogether, the time off was valued at thousands of dollars because Abrell could cash the days out when he leaves his job.
In an initial court decision, a judge awarded his wife, Jacquie, about $15,000 for her share of the value of those sick and vacation days.
A later court reversed the decision, saying vacation and sick days aren't property that can be split between spouses.
On Wednesday, Jacquie Abrell's attorney asked the Supreme Court to rule that accumulated sick and vacation days are marital property and can be split up by a court.
It's a question that's never been considered by the highest Illinois court. So the result could affect how future divorce cases play out across the state.
"This decision is going to apply to every divorce case," Mary Lee Leahy, attorney for Ms. Abrell, told the court.
The court heard oral arguments Wednesday, but might not rule for months.
Leahy said the accumulated days off are similar to earned income. They should be considered just like saved money in an account, which can be split up in divorce cases, Leahy argued.
She told the court the split doesn't need to be half and half, but judges in divorces should at least consider divvying up the value of the time off.
John Abrell's attorney argued he can only get the cash value of the sick and vacation days when he eventually retires and cashes them out. Therefore, it's unfair for his wife to get cash for the days up front, said attorney William F. Moran III.
John Abrell works for the state, which allows employees to accumulate time off over a number of years. Many employers, though, take away unused vacation and sick days if they're not used in the year they're earned. Those unused days might not be a factor in divorce cases.
Posted in Local, Illinois on Wednesday, September 23, 2009 8:45 pm | Tags: Illinois Supreme Court, John Abrell, Vacation Days
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