MacAleer v. MacAleer
Stock options granted during the marriage are marital property, regardless of when the right exercise matures, if they are granted as compensation for past services, rather than for future services.
Hopfer v. Hopfer
Unvested stock options given to husband one month before the divorce are not marital property.
In Re Marriage of Liddle v. Liddle
Reduction of stock portfolio for taxes was reasonable, as evidence supported a finding that stocks would probably be sold, as husband would be unable to make property division payments out of earned income.
In Re Marriage of Chen v. Chen
A stock option is an enforceable contract right, an economic resource comparable to other employee benefits, and thus a form of property and properly included in the marital estate.
In Re Marriage of Wikel v. Wikel
No abuse of discretion by court in ruling that only option that was exercisable as of the first day of trial would be considered part of the marital estate.
In Re Marriage of Maritato v. Maritato
Trial court has discretion to exclude non-exercisable stock options, to decline to divide underwater vested options and value the vested portion by subtracting the exercise value and taxes from the market value.
Heppner v. Heppner
Trial court’s refusal to consider stock option income for maintenance was an error of law. Trial court also erroneously exercised its discretion by excluding the options from property division even though they were “under water” because the options were earned while the parties were married.
Bliwas v. Bliwas
(1) Stipulation is a recommendation to the court which the court can accept, reject or modify. (2) Party who agrees in stipulation is estopped from later objecting to its provisions, absent a change in circumstances.
Wright v. Wright
Trial court cannot amend 10 year old divorce judgment to order payment of taxes on monthly payments. If there is no ambiguity on the face of a stipulation, the subjective intent of the parties is irrelevant. Judgements are construed in the same manner as other written instruments.
Conrad v. Conrad
Good cause shown for reopening judgment where wife never agreed to the oral property division stipulation which was entered into on the record by her counsel.