Stock options are often included in what assets are divided amid a divorce. Under Illinois law, stock options are considered a marital asset, and are subject to equitable distribution. However, with the help of an experienced attorney, successful negotiation is possible.
Under Illinois Statute, a judge will make a final ruling after taking multiple factors into consideration. These factors include the employer’s conditions surrounding the grant of stock options, the value of the stock shares and whether the stock is vested. Given the complicated nature of stock options as part of asset division, an experienced divorce attorney will be able to negotiate the terms regarding asset division, ensuring your maximum entitlement to such assets.