In re Marriage of Cardona

316 P.3d 626 (2014)

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In re Marriage of Cardona

Colorado Supreme Court
316 P.3d 626 (2014)

Facts

Marta Doris Cardona and Felipe Castro petitioned for divorce. During the proceedings, Marta claimed she was entitled to half of Felipe’s accrued, unused vacation and sick leave. The evidence before the court of the value of Felipe’s unused leave included a pay stub, which indicated 279.76 hours of vacation time and 171.85 hours of sick time, and Felipe’s testimony at trial that he believed he was entitled to payment for the value of his unpaid leave if he were terminated that day. Following trial, Marta requested half of Felipe’s accrued leave, which she valued at $23,232. The trial court granted Marta’s request, ordering that Felipe pay her $11,616. Felipe appealed, and the appellate court reversed, holding that accrued leave is not marital property. Marta appealed.

Rule of Law

Issue

Holding and Reasoning (Márquez, J.)

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