Tag Archives: Marital Estate

In Re the Marriage of Marta Cardon and Jamie Castro, 2014CO3 (January 13, 2014)

“Millennial Moms Focused on ‘Me’ Time, Study Says.” Time has value in a marriage; so it has value in a divorce. As a matter of first impression, the Court considered whether accrued time off earned during a marriage is marital “property” subject to equitable distribution. The trial court divided husband’s accrued time; the court of appeals reversed finding the value too uncertain to be deemed property and remanded. The Court affirmed on different grounds, examining two strains of thought: 1) leave as an alternative form of wages is not property; or 2) leave as deferred compensation and is property. The Court held that leave has value as time off or as cash, so if an enforceable right to be paid for leave exists, it is property. If its value can be reasonably ascertained it is divisible; if not, the time should be treated as an economic circumstance when equitably dividing property.

http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2011/11SC59.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9214&courtid=2

Leave a comment

Filed under Family Law, Property