Mining out a divorce lawsuit defendant’s stock option value
“Stock options can affect child support order” is a Boston Herald article by Gerald Nissenbaum, the lawyer whom we interviewed for the Massachusetts chapter of Real World Divorce. Here’s the question from the reader:
My wife is dragging me back to court. She wants more alimony and child support because I made money by selling stock I got by exercising stock options in my employer’s company.
But in our divorce agreement, I agreed she’d get three-quarters of the proceeds from the sale of our marital home and I got to keep my stock options. Can she get a double dip?
The answer from Nissenbaum turns out to be “yes,” with the explanation: “search for the latest appeals court case on child support — Hoegan v. Hoegan. Then forget about trying to hold onto your wallet.”
The plaintiff here has a great strategy. Give up something that will yield income in the future in exchange for more cash now. Then get between 20 and 50 percent of that future income (11-25 percent of the pre-tax amount, but paid on a tax-free basis) via a child support modification based on the fact that the defendant’s income has changed. (And since judges are reluctant to modify child support awards downward, a plaintiff could easily end up with 200 or 300 percent of a short-term income boost if the child support is set during the period of temporarily higher income.)
[The appeals court case shows why you want to be a divorce litigator in Boston. The kids were born in 2003 and 2004. The mother sued the father in 2010. They’ve been litigating now for six years. The youngest child will yield a cashflow for whoever can hold onto primary custody through the year 2027. The cash yield from the children cannot be determined definitively without lawyers on both sides arguing in front of a judge.]
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