Divorce: What about stock options?

Posted by William H. Sherman on Nov 16, 2014 | 0 Comments

Question: I am going to be getting divorced soon.  I am worried about money because I haven't worked in 16 years and I take care of our 3 kids.  I am writing to ask a question about stock options and what I am entitled to.  We live in Sandy Springs and the marriage hasn't been good for years.  My husband travels on business all the time and I barely see him.  When he isn't traveling he's watching sports on TV and drinking at his friend's house.

We bought the house in Sandy Springs just a couple of years ago so there isn't much equity in it.  The kids go to a private school in Dunwoody which they like and want to stay in.  We really don't have much savings in the bank and my husband invested in a company in Alpharetta that lost a lot of money.

But he does have stock options from his company.  I think the stock options could be very valuable because the company has been doing very well; I know they were featured in articles in The New York Times, the AJC and the Wall Street Journal.  It was just a start-up when my husband joined and then they went public and they trade on a stock exchange; I think it's on the NASDAQ.

We have been married for 18 years and my husband joined the company about 6 years ago.  They went public about 3 years ago.  I need to know if I am entitled to some of the stock options.

Answer: Yes, from the facts you describe, you will entitled to some of the stock options.  In fact, you may be entitled to half of them.  We would need to speak and get some specifics, but generally a court will look at the duration of the marriage and when the stock options were granted.  Here, you are in a long-duration marriage and the options were granted during the marriage.

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William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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