Employee benefits, such as accrued vacation time and sick leave, can be considered marital assets subject to division during divorce proceedings within the state. The characterization and subsequent allocation of these benefits depends on when they were accrued whether during the marriage or prior to it. For example, if an individual accumulated paid leave while employed throughout the duration of the marriage, a portion of its value might be subject to equitable distribution.
The equitable distribution of assets aims for fairness, not necessarily a 50/50 split. Courts consider several factors when determining what is equitable, including each spouse’s contributions to the marriage, their economic circumstances, and the length of the marriage. The determination of whether these employment benefits are divisible stems from the community property laws that govern marital assets in Arizona.
