CALIFORNIA FAMILY LAW
...Employment Benefits-Other
......Stock Options/RSUs
.........Characterization/Division
13 Cards On This Topic:
  • Restricted Stock Options (RSUs) and stock options compared.
  • Characterization and division of stock options.
  • Family Code recognizes stock options as a form of employee benefit plan.
  • Nature of stock options discussed.
  • Increased stock option rights accruing due to a new deal made after separation may be allocated so as to benefit s/p.
  • Apportionment of stock options determined by purpose for which granted.
  • Stock options apportioned by time rule commencing at date of employment when were inducement to take job.
  • Stock options granted after separation are s/p.
  • Stock options which were subject to forfeiture should be characterized by dates of vesting rather than dates of exercisability.
  • Stock options designed to reward future services apportioned so as to put more emphasis on period following grant.
  • Nonqualified options found to be "golden handcuffs" and apportioned by time rule commencing at date of grant.
  • Stock purchased prior to marriage with a promissory note paid off during marriage is apportioned based on respective contributions of two estates to purchase price.
  • Division of enhanced retirement benefits.