19 Jul I’m getting divorced. Can my ex get money from my sick days?

Q. I am going through a divorce and I am employed by a school district. I have accumulated sick days. My soon-to-be ex-husband wants half of their value in the divorce. Is this allowed?
— Working it out

A. We’re sorry to hear about your divorce.

As you know, accumulated sick days have a monetary value.

If the sick days were accumulated during the marriage, and are ultimately monetized or converted to money, the portion of that payment is considered an asset and is subject to equitable distribution, said Jeralyn Lawrence, a family law attorney with Lawrence Law in Watchung.

“In New Jersey, during the time from when the parties are married until the end of the marriage by way of either a filing of a complaint for divorce or entering into a cut off agreement ending the marriage, all assets and debts acquired by either party are eligible to be divided,” she said.

The court will look to do what is fair in the division.

“Most often, we are seeing assets and debts being divided equally, although depending on the particular facts and circumstances of each case, the percentages can change,” Lawrence said. “Whatever money you receive from the sick days for the sick days taken during the marriage will be considered an asset and subject to being divided.”

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This story was originally published on July 19. 2023.

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