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Dividing stock options in a divorce is an involved process

by | Nov 10, 2020 | Marital Property

Many executives and professionals who work in the private sector in Rockville and the greater Washington metro area may have stock options as part of their employment benefit package.

A stock option is a type of employment compensation in which an employee, often higher level executive or other professional, is given the right to purchase stock in his or her employer at a future time and a set price.

So long as the value of the company increases, the stock option allows its owner to buy valuable shares of a stock at a discount.

For example, if the agreed price per share was $20 at the time the employer gave the option, but the stock is now worth $30 a share, then an employee makes $10 a share if she purchases.

While this might not seem like much, buying 1,000 shares would mean this employee gets $30,000 worth of stock for $20,000.

Issues may arise regarding stock options during a divorce

Putting an exact value on a stock option is tricky for a number of reasons.

For instance, it is hard to know how much a stock option is worth just because that would mean knowing the value of the stock market in the future, when a person goes to exercise his or her option and convert them into actual shares of stock.

The help of a financial expert is likely going to be necessary during a divorce.

Moreover, while in most cases stock options will be martial property and thus subject to a fair division during a divorce, there may be some questions as to whether a person earned the stock options prior to, during or after his or her marriage.