Stock options that were received during a marriage but vested post separation: are they considered community property?
by 
debsmooth
ANSWERS: 1
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The answer varies by state, but most community property states say yes and no. Courts have recognized that the unvested stock option has a marital component and an individual component. That is, it was acquired/earned partially during the marriage, but some of it was also earned after separation. So most states handle this one of two ways. The more popular way is to apportion a percentage at the time of separation as to how much of the option is community property and how much is not. The problem with this method is that it could be unfair since the percentage is decided based on speculation. Other states simply keep jurisdiction over the matter and settle the issue once the options are cashed in. But the short answer to your question is, at least partially, yes. Most jurisdictions say that the portion earned during the marriage is community property.
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