The Stock Options' Division In Divorce Proceedings

In recent years,with the higher employee turnover,many companies excute the share option incentive scheme or share holding policy as an award along with improving the welfare of employees to build worker loyalty and improve the efficiency.Furthermore,some company take the share option incentive scheme to complete financing through internal ways,which has made the share option incentive scheme gradually developed from an effective way to retain core employees into a kind of financing way.The marriage law of our country has listed the kind of communal estate,which cause the consequences that many new kinds of incomes,due to various innovation,couldn't be included in despite the law has its fallback provision.This leads to a situation that the division of property in divorce is controversial.Many new kinds of incomes should be proofed repeatedly in order to be listed as the communal estate by the judicial interpretation,the company equity is an example in the early years.The main objective of this study aims at the possibility to divide stock potions by analysising the characteristics of rights.In recent divorce sentences,the judge usually request the property part to take another suit after the option be exercised,which cause the work of the court increased and the difficulty of another party who claims to have the interests of stock option.If there is a way that could divide the stock options during the divorce proceedings,that will reduce the number of court cases and handle divorce cases effectively.