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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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my divorce papers mention 2 other form of income for my ex

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my divorce papers mention 2 other form of income for my ex other than his salary. a bonus is paid out annually and stock options are as well. since our divorce his company has changed the stock options award program to award stocks in lieu of stock options. our papers state that i am to receive 50% percent of each of these until the 3 children are raised. nothing in our papers were based on this income ie child support. it is just stated that i rec. 50%. however, since our divorce the change of stocks vs options has left him feeling like he no longer owes me this. is he right?
Submitted: 5 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 5 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Practically speaking, stock options have no value until they are converted to actual stock. If you were to never cash them in, you would never get anything. So, you could argue that the intent of the judge was for you to receive the actual stocks. With that said, if his company changed the way they handle stock payments, you can go back before the divorce judge and request that he modify the order based on a material change in circumstances. The fact that the company no longer offers stock options and is giving other benefits instead should be enough to show a material change.
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