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My wife and I legally separated on November 17th in

California. Weeks after, her company...
My wife and I legally separated on November 17th in California. Weeks after, her company was purchased by a lager conglomerate and the stock options she was given upon being hired years ago quadrupled in value. She acquired this job and these options well before our legal separation. Am I entitled to half that money? I was told that any money made after the legal separation becomes valid (November 17th) is hers and hers alone. But, those options were acquired in 2013. Can I claim half of that profit?
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Answered in 8 minutes by:
12/21/2017
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 36,345
Experience: 30 plus years of experience.
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If the options vested during the marriage then you have a viable claim to include them, and the appreciation, as community property.
In a California divorce, stock options and similar assets granted during the marriage and/or partially vested during the marriage may have a community property component. Stock options that are earned partially during the marriage are allocated between community property and separate property. The foundation for the allocation is the statutory law that provides that “earnings” during the marriage are community property. If a spouse is compensated during the marriage, in part, with a grant of stock options that partially vest during the marriage, the stock options will most likely be partially community property. If a spouse’s employment during the marriage results in partial vesting of stock options granted before the date of the marriage, the options will also most likely have a community property component. The number of options allocated between separate property and community property can vary.
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Customer reply replied 2 months ago
We are not divorced. We are legally separated. Still married. The legal separation became valid o November 17th, 2017. The stock options were granted years earlier. They remained solely in her name. My wife works for 21st century Fox. When Disney bought them out, her stock options became much more valuable. Again, they are all in her name and became more evaluable after the legal separation. Not divorce. I just want to know if I am entitled to any of the profits gained after the legal separation.
the rights in divorce are what determine your rights to the property in a separation.
You can assert a community property claim on the options which vested prior to the separation, unless you have a provision to the contrary in the separation agreement.
Loren
Loren, Lawyer
Category: Family Law
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Experience: 30 plus years of experience.
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