Some companies in Hangzhou reward employees with options. So when divorce, do the option rewards obtained by one spouse in the company need to be divided as the joint property of the spouse during divorce?
Stock options refer to the right of the stock option holder to obtain the stock according to the agreement after certain conditions are met. Therefore, the essence of stock options is a property right, which has anticipation and uncertainty.
The uncertainty of stock options is because the conditions for exercising rights may not necessarily be achieved in the end. For example, some companies will make some performance requirements when rewarding options, and only when they meet the company's performance requirements can they exercise their rights. For example, some companies need to go public before they can exercise their rights.
Legally, stock options can be referred to and applied to the relevant provisions of the " Civil Code " on wages and other marriage income. If obtained during the marriage, it will be recognized as the joint property of the husband and wife.
Hangzhou marriage lawyers analyze through judicial practice and relevant judicial documents. In divorce cases, when the court handles stock options, it determines whether the stock options belong to the joint property of the couple. The main factor considered is whether the stock options or the income from the option was obtained during the marriage, and it will also consider the source of funds for purchasing stocks when exercising the rights and the contribution of both parties to obtaining the relevant rights of the options.
The stock options of a company are generally related to factors such as the identity, working ability, working years, and contribution to the company. Therefore, the ultimate exercise of the rights is usually related to the efforts and support of one spouse.
Therefore, if the spouse participates in the implementation process of options, that is, when one spouse obtains options or obtains option rights during the marriage, the court generally believes that it is a property income that can be obtained clearly during the marriage, and then division can be requested during the divorce.
Of course, there are also opinions that whether the option is the joint property of the couple should consider the source of funds to purchase stocks when exercising the right, and the contribution of both parties to obtaining property rights. In the existing precedent, some courts believe that the options obtained before marriage are the personal property of one spouse and the spouse has no right to request division.
If you encounter options problems in a divorce case, it is recommended to consult a professional marriage lawyer.
I am a marriage lawyer Li Xiaojuan, who focuses on the field of marriage and family affairs. If you have any marriage legal issues, you can send a private message to me.
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