The Analysis About The Stock Options In Divorce Proceedings

Recently, the marriage of Liu Qiangdong and “Milk tea Sweetie” became a focus of the public. As a result, more public attention has been paid to stock options division in divorce, especially those granted before the marriage. There are not any special laws which can deal with the division of stock options in divorce proceedings. Therefore, stock options division has been a difficulty in dividing marriage property in divorce cases.Stock options give employees the right to decide whether to buy a certain number of company stocks with a fixed price in a period of time. With more and more managers of big companies involved in divorce, problems introduced by stock options division keep rising rapidly.Stock options have both personality attribute and property attribute, and stock options can be considered as a kind of right with conditions and time limitation. As to divorce, the judge of jointly owned property is important. This paper explores the characteristics of marital property and stock options, and analyzes the reasons that stock options could be divided in divorce, and then puts forward some advices of the division of stock options in legislation and practice.The first chapter introduces cases on divorce proceedings involving the division of stock options and proposed what should be resolved in the paper. The second chapter discusses the concept, features, and the property of stock options, and then analyze whether stock options with its own characteristics be regarded as jointly owned property.The third chapter cited several problems of stock option division in divorce cases which may be encountered and put forward four options for it. The forth chapter talks about the principles of stock options division as a special kind of jointly owned property. Then, some advices about legislation and practice on stock option of marriage are given.