Present value of stock options are calculated by subtracting the option cost from the market price of the stock. If the market price is lower than the option cost, then the options are worthless and need not be allocated between the parties.
Redemption by a corporation of wife’s stock, which was jointly held by divorcing spouses, is not a taxable event.
Stock options are part marital and part separate property.
Stock options and restricted stock grant are partial marital property.
Stock options granted during marriage, but not exercisable until after divorce are divisible. The options are an enforceable right, not a mere expectancy.
Non-vested stock options are not marital property, as the holder has no enforceable right and the grant of the option is conditional.
Stock options granted during the marriage are marital property, regardless of when the right exercise matures, if they are granted as compensation for past services, rather than for future services.
Unvested stock options given to husband one month before the divorce are not marital property.
Reduction of stock portfolio for taxes was reasonable, as evidence supported a finding that stocks would probably be sold, as husband would be unable to make property division payments out of earned income.
A stock option is an enforceable contract right, an economic resource comparable to other employee benefits, and thus a form of property and properly included in the marital estate.