Is sick leave considered community property?

Many clients are surprised to learn what constitutes community property in a divorce.  Have you considered any of your spouses vacation and sick leave? While vacation leave may have some value, sick leave does not.  

Accrued and unused sick leave at the time of separation and prior to retirement is not community property. The community only has an interest in sick leave when the benefits are paid during marriage or upon retirement to the extent earned during marriage. [Marriage of Moore, supra, 226 CA4th at 106, 171 CR3d at 773]

Contact me at amanda@gordonfamilylaw.com for more information.