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Dividing Stock Options | Atlanta Divorce Laws

Scott Shaw | 698 Views | 11/09/2015

Division of Stock Options During Divorce

In equitable division, stock options are subject to be divided in a divorce. Now, stock options can be a very complicated asset to divide. Not all employer plans actually allow stock options to be divided to each party, so you often have to determine what the monetary value of the stock option is to make sure the options can be divided.

Equitable Division of Property

Sometimes, you have to become a trustee for your spouse. A very complicated issue, and often is very hotly contested, is what if there are contingencies to be awarded of your stock option or other investment vehicle. For example, let’s say you have options that you’ve been awarded, but you only get them if you remain in the company – the golden handcuffs or something. You can argue that those options, even though it’s your option to quit the company, should not be awarded as marital property because if you don’t work the four years after the marriage, you don’t get them.

These are hotly contested issues. But, in general, your typical stock option that has been invested during the marriage needs to be valued and the property is divided in equitable division in the State of Georgia.

By: Scott Shaw

Dividing Stock Options | Atlanta Divorce Laws

Division of Stock Options During Divorce

In equitable division, stock options are subject to be divided in a divorce. Now, stock options can be a very complicated asset to divide. Not all employer plans actually allow stock options to be divided to each party, so you often have to determine what the monetary value of the stock option is to make sure the options can be divided.

Equitable Division of Property

Sometimes, you have to become a trustee for your spouse. A very complicated issue, and often is very hotly contested, is what if there are contingencies to be awarded of your stock option or other investment vehicle. For example, let’s say you have options that you’ve been awarded, but you only get them if you remain in the company – the golden handcuffs or something. You can argue that those options, even though it’s your option to quit the company, should not be awarded as marital property because if you don’t work the four years after the marriage, you don’t get them.

These are hotly contested issues. But, in general, your typical stock option that has been invested during the marriage needs to be valued and the property is divided in equitable division in the State of Georgia.

By: Scott Shaw