Legal Question in Family Law in Georgia

Stock Options and how to determine Separate vs Marital

In the state of Georgia, how does the law look at stock options when deciding division of property.

Does it use the Grant date or the Vest date in determining whether or not they are marital or not.

How is appreciation of a non-marital portion of stock treated?


Asked on 7/30/02, 1:48 am

1 Answer from Attorneys
Eric Ballinger Ballinger & Associates

Re: Stock Options and how to determine Separate vs Marital

Generally, the court will look at the grant date of the stock option. Unvested retirement can deemed to be marital property. Be careful in dividing unexercised stock options. They are subject to equitable division, but generally are not transferrable. Make sure there is some provsion to get your options exercised.

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Answered on 7/30/02, 8:18 am


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