When a spouse receives disability insurance, worker’s compensation, or a monetary award for a personal injury suffered during the marriage, the classification of those payments in a subsequent divorce proceeding can be tricky. A trier of fact will have to determine whether a payment for the spouse’s...
Classification of Unvested Stock Options and Deferred Compensation for Equitable Division on Divorce
Question: Do unvested stock options and deferred compensation constitute marital assets that are subject to equitable division on divorce?
Answer and Discussion: As to deferred compensation, definitely. As to unvested stock options, the answer seems a bit less clear. Under Georgia law, insofar a...
Divorce and other proceedings involving spouses or parents usually require a court’s consideration of sensitive information. To enable a fair division of marital assets and determinations on alimony, child support, and child custody, the parties typically must submit their financial records, medical...
Georgia domestic cases, such as divorces, child custody and child support proceedings, legitimation actions, and family violence matters, normally fall within the jurisdiction of the State’s superior courts.(1) And where child custody is at issue, judges rather than juries always make the determinat...
A prior article discussed the use of temporary attorney fee awards in divorce and alimony actions as a safe, though uncertain, means to secure sums needed to pay for legal services. Where an opposing spouse will not consent to the use of the parties’ liquid assets to pay attorneys’ fees, the filin...