On The Issue Of Stock Option Division In Divorce Proceedings In My Country

China's Marriage Law determines the marital property system in which the common property system is the principle and the property system is supplemented.The focus of the divorce litigation dispute is often concentrated on the division of the husband and wife property.With the rapid development of the market economy and the changes in the property structure of residents,a large number of non-physical properties such as stock options appear in the joint property of the husband and wife,and the proportion of such property in the joint property of the husband and wife tends to increase,resulting in the division of the property of the husband and wife.Many new problems.Stock option refers to the expectation right of the company to purchase the company's stock at a certain price in the future with its senior management personnel and important employees.It is a property right.A party to a marriage obtains a certain stock option granted by the company before marriage or during the marriage.The exercise time of the stock option is after divorce,then only when the stock option is converted into the interests of the divided property as stipulated in Article 17 of the Marriage Law.In the "certainty" standard,both spouses can ask for the division of the property belonging to the couple.Although the Chinese courts have incorporated stock options into the joint property of the husband and wife,they are limited to the actual division of the exercise rights during the marriage.Whether the part of the post-marital exercise should be divided as the joint property of the husband and wife is controversial.If the part of the exercise after marriage is obtained within the marriage,the stock option should be divided as the joint property of the husband and wife,regardless of the principle of the common system of husband and wife property in China or the nature of property interests of stock options.At present,the divorce cases involving stock options in China still have difficulty in determining the number of stock options,the unfair calculation of income,the single division method,the conflict between the joint property right of the husband and wife and the property rights of the company legal person,and the division of stock options by the option person.Series of questions.There are mature rules for stock option splitting in extraterritorial divorce proceedings.The French judiciary clearly affirms the right to benefit.The German judicial confirmation of the increase in the common system of property increase and the compensation system for support,the US judicial clear stock option split calculation method,which are worthy of reference in China.China should constantly improve the legal system of stock option segmentation in light of the current situation of practice,determine the unified definition criteria of stock options,establish a perfect stock option evaluation system,and divide the way of stock option splitting,and coordinate the joint property claim of the husband and wife and the property rights of the company legal person.The conflict between the stock option division and the relief system to solve the problem of stock option segmentation.