Can I Go After My Husband’s Stock Options and RSUs in a Divorce? -

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The date of separation is the date that one spouse subjectively decided that the marriage was over and then objectively did something to implement that decision, such as moving out. Was the option a reward for a job well done, a way of luring the worker to the company, or an incentive to keep the employee at the company? There are circumstances in which awards may be earned at other times, regardless of the vesting schedule. Generally speaking, the longer the time between the date of separation and the date the options vest, the smaller the overall percentage of options that will be considered community property. We've helped 85 clients find attorneys today. Beechera case from the Southern District of the Are unvested stock options community property Court of Appeals, the employee has a very high burden to meet, as courts will assume that the award of the option during the marriage renders the option marital property subject to division. However, California courts have determined several ways to deal with the division of stock options in divorce. In general, allocation of stock options upon divorce generally requires two steps. The Supreme Court reversed, however, holding that the stock awards were a form of deferred compensation under section Similarly, options granted before, but vested during marriage, or granted after separation, but awarded for services rendered during the marriage, may also be subject to distribution.
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Dividing Stock Options During Divorce in California | DivorceNet

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What You Need to Know About Dividing Stock Options in Divorce

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Stock Options and Divorce: How are options divided in a California Divorce?

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  3. How Do Courts Handle Unvested Stock Options | Divorce Attorneys
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How Do Courts Handle Unvested Stock Options

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

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