Stock options marital property
The Pennsylvania court decision in Fisher v. Fisher , compared stock options to that of pension benefits. Like pension benefits, stock options are funded by the employer for a benefit to receive at a later date.
Can I Go After My Husband’s Stock Options and RSUs in a Divorce?
Since pension benefits are divided in a divorce, so are stock options. Whether the option, unit, or restricted unit is subject to division will depend on when the benefit was granted. In the Pennsylvania case MacAleer v. This option may be vested or granted at some future time. With so many families purchasing stock assets and many companies offering stock options, stocks are often the subject of division during a divorce.
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Dividing stocks can be different from dividing a house or car, and bring with them a unique set of concerns. Our Midland, Texas divorce lawyers discuss how stocks and stock options are divided during a divorce below. In the state of Texas, property acquired before the marriage is deemed separate property, while property acquired during the marriage is community property subject to division.
When it comes to determining whether a stock is separate or community property, the matter can be either simple or complex. If you purchased the stock before marriage and it increased in value, that stock and the value it holds will be your separate property.
Stock Options - Pension Appraisers, Inc.
For example, if you owned shares of Procter and Gamble stock prior to the marriage and it went through some stock splits to become shares, these shares are still your separate property. The situation changes, however, with a stock that provides dividends. Dividends are considered income. Income from a separate property generated during the marriage will generally be considered community property.
Often, these dividends will be reinvested into the stock market. As you can see, this is where the division of stock assets can become complicated. Couples with significant stock options will need the help of an experienced divorce attorney to untangle precisely what should be deemed separate versus what is community property.
Stock options can be even more complex. Generally, when a stock option is earned during the marriage, it will be community property, even if it does not vest until after the divorce. However, certain stock agreements might have different terms. Your divorce attorney will closely review all stock options to ascertain your rights. How to Prepare for a Criminal Trial. Relocation after Divorce. How to Establish Paternity in Texas. Child Custody. Child Support. Criminal Defense.
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