Legal Question in Family Law in California

Re: Marriage Separate Property

Great question with a difficult answer. If the stock options were a reward for past services they are separate. If they are an incentive for your continued (future) employment they would be community.

Re: Marriage Separate Property

I essentially agree with Mr. Gray's response. The prime issue is: what kind of options are they and what are the terms of vesting. If they are "golden handcuffs", meaning you have to be employed there on the date they mature, a portion would be community and a portion would be separate. If you have the right to exercise the options on a future date even if you are not employed there, they should be considered separate property.

Since it sounds like you are already married you cannot, obviously, have a premarital agreement to keep the options as separate property no matter what. You can attempt a post-marital agreement, but that is more problematical, not to say a probable downer for your marital relations.