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GA courts must determine whether stock options vesting directly resulted from parties’ labors and investments during the marriage.

Posted May.13, 2010 by Cynthia J. Remboldt, Esq., under Equitable Division, Evidence

 Equitable Division, Evidence, marital property

Judgment REVERSED in parties’ divorce case; trial court erred in relying on Virginia cases interpreting Virginia statue to determine that stock options awarded to wife prior to marriage, but which vested during marriage, were akin to deferred compensation and, thus, constituted marital property – Georgia law does not have similar statutory scheme and does not support such bright-line rule; based on overarching principle in Payson v. Payson, 274 Ga. 321 (2001), trial court was required to look at evidence and determine whether vesting of previously awarded stock options directly resulted from “parties’ labors and investments during the marriage” and trial court must inquire as to whether any “appreciation of value of a non-marital asset results from the joint efforts of the parties during the marriage or is the result of market forces;” trial court also ERRED in ruling that portion of wife’s deferred compensation plan account was marital property, since wife created account prior to marriage and made no contributions to it during marriage; that account is wife’s separate property and husband is only entitled to any appreciation in value of account that directly resulted from parties’ labor during marriage;p trial court CORRECTLY found that husband is entitled to portion of $500 contribution, which wife made to premarital IRA account during marriage.

Newman v. Patton, S09F1718 (03/22/2010), 10 FCDR 863

From:  Fulton County Daily Report (4/2/2010)

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GA Court Ordered to Strike Severability Clause

Posted Jan.10, 2010 by Cynthia J. Remboldt, Esq., under Alimony, Attorney Fees, Divorce, Equitable Division

 Alimony, Attorney Fees, Divorce, Equitable Division

Judgment partially reversed in parties’ divorce case;  trial court erred in concluding severability clause in divorce decree and is ordered to strike that language from judgment on remand;  remaining portions of trial court’s judgment, affirmed; trial court had authority to strike husband’s jury trial demand as proper sanctions for his willful refusal to participate in specially set trial; language in divorce decree regarding treatment of $200K lump sum property division as alimony in event husband files bankruptcy prior to paying amount in full did not change name of award;  trial court did not err under 19-6-2 in including wife’s attorneys’ fees for appellate proceedings during pendency of litigation in its fee award.

Kautter v. Kautter, S09F0958 (10/19/09).

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