so stock rates is a general term that

encompasses a lot of different types of

equity compensation things like stock

options restricted stock restricted

stock units sometimes we see Phantom

stock rights or stock appreciation

rights all of those are forms of

executive compensation and all of them

can be very complex and very different

there’s no uh format that’s sort of

generally governs those rights although

the Internal Revenue code does play into

it but every single plan is different

every award agreement is different and

the difficulty is in Colorado vesting is

not determinative when you’re looking at

whether or not a stock right is marital

property so everyone comes into my

office and says I don’t have to worry

about the stock options they’re not

vested yet so once they vest we’ll

already be divorced and it’s my separate

property the law in Colorado is very

clear that vesting is not determinative

so instead we have to look to the

contract the plan document any

amendments any award agreements

sometimes it’s in the employment

agreement sometimes in the severance

agreement we have to look at the

contract that provides the benefit and

determine whether there’s a presently

enforceable right if there’s a presently

enforceable right regardless of whether

or not the stock rate is vested you’ve

got marital property now I’m getting

into what forms it presently enforceable

right it’s a very long and involved

process but it really boils down to are

there any circumstances under the plan

where the person who’s received the

award could get the stock right before

investing is there a provision that says

they can get it if they die or they

become disabled during the vesting

period sometimes there are Provisions

that say if there’s a change in control

of the corporation during the vesting

period their vesting will accelerate

those sorts of Provisions that provide

that people can get that award before

the end of the vesting period will

create property in Colorado and we have

to address that and unfortunately

there’s no formula you have to read

those documents and understand what they

say in order to determine whether or not

there’s property right