Research On The Division Of Stock Options In Divorce

With the development of economy and the wide application of stock option incentive system,the division of property interests related to stock option in divorce has gradually become a public concern.However,there is no clear provision in the current legislation.In addition to its own special attributes,we may find judges have diverse views to similar cases when study carefully,so as to draw different judgments.Starting with the dispute over the nature of stock options and combined with the granting motivation,this thesis analyzes the scope of joint property;and then we may found there are disputes on the identification of the category of community property and the division request conflicts with the interests of the company.In the specific division process,there are still some problems,such as difficulty in value evaluation and proof,fuzzy determination of division proportion and holder hindering division.In view of this,we consider that it is worth to make an intensive study on the division of divorce stock options.On the basis of summarizing its existing problems,we refer to the theory and practical experience of foreign countries in the division of stock options involved in divorce,and in combination with China’s judicial practice,put forward specific suggestions to improve the division of divorce stock options in China: such as clarifying the property type of common stock options,recognizing the interests of expectation rights;At the same time,we should improve the rules of proof,complete the value evaluation system of stock options,clarify the principles and rules for the division of common property,and improve the relief mechanism that hinders the division.