Dividing Stock Options in a Texas Divorce

Separate property is not part of the martial estate, which means the spouse that owns the separate property, owns it separately from their spouse not jointly and gets to keep it after the divorce. Methods your spouse may use to conceal property Do you need a postnuptial agreement? Basically stock options are commonly used to attract or retain key employees with incentives outside of their basic salary structure. The solution is to have the Employee Stock Option Fund provide the funds needed to exercise the options. Although unvested options do not technically have any real market value, they are still divided during California divorces.

Nov 28,  · Unlike the IRA or the Porsche--assets that are easy to identify, value and transfer upon divorce--unexercised stock options granted during a marriage, or even immediately after a marriage .

What are Stock Options?

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This article covers ways California couples can divide stock options in divorce.

Understandably, valuing and dividing stock options incident to divorce can prove quite challenging. As an initial matter, it is important not to ignore the fact that a spouse has stock options. Just because this an option isn’t exercisable until the future, it is still often a source of tremendous wealth. Mar 19,  · Dividing Stock Options and Restricted Stock In Divorce Even if it’s just the house and retirement accounts that need to be settled upon, dividing assets in divorce can be complicated. Valuations of even the most common assets can become points of contention. When dividing stock options in divorce, it is important to properly value, classify and distribute them to maximize the money for your client. What are Stock Options? Stock options are a salary substitute or .