Taking Action

Get Answers Start Your Divorce Stop Your Divorce Divorce Forms Online Support DivorceDesk

Divorce Tools

Online Divorce Online Negotiation Custody Tracker QDRO Preparation SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

State Resources

California Florida Illinois New York Texas SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Generate Clients Free Network Page Submit Articles Case Management Sign In

The Divorce Encyclopedia
Accrued Vacation

Term Definition Accrued Vacation - unused vacation that divorcing spouses sometimes forget to fight about.
Application in Divorce Divorcing couples sometimes forget about unused vacation that each has accrued during the marriage. Many companies require that employees "use or lose" vacation within a certain time; however, others (including many public employee and those protected by union contacts) permit employees to carry it forward until termination or retirement.

Courts are divided about whether unused leave is a martial asset. Some hold that unused leave, "like pension benefits," [is] a form of deferred compensation for services rendered during a marriage"; other have held that unused leave "is really only al alternative form of wages, since it replaces wages on days when the employee does not work."

The sums involved can become substantial, particularly for public employees who are allowed to carry forward years of unused leave. The difficulty stems from the true character of the asset: viewed like pension rights, the leave is marital; seen as an alternative to wages, it is separate property.

And not infrequently, couples fighting over the house and child support and alimony forget to fight about it at all.

Add the Divorce Encyclopedia
to Your Website

The Research Center

Give Our Research Center a Try. Gain access to the same research material that lawyers often use to establish and win divorce cases. This material consists of legal journal articles and case explanation/analysis documents on a wide range of topics. If you think your situation is unique, your answers will most likely be here. In order to gain access to this area, you must establish an account, but you can search the documents before deciding.

The Divorce Source Difference

Since February 1st, 1997 (when we initially launched Divorcesource.com) we have helped millions of people contemplating or experiencing divorce. The reason we have been able to reach so many people is because we have made it a priority to listen to our customers. We have built a trust by listening and delivering what the customer needs, rather than what we think they want. This is the Divorce Source difference.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

Custody Scheduling and Tracking

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Start Your Divorce File for Divorce


Settle Your Divorce Negotiate Your Divorce


Track Child Custody Track Custody & Visitation

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site