In M.G. v. S.M., the Appellate Division rendered a decision in favor of the plaintiff husband on a provision in an amended final judgment of divorce and a subsequent order denying relief from a portion of that judgment. The question posed was whether the portion of restricted stock awarded to plaintiff by his employer, vesting after the date of the filing of the complaint, is subject to equitable distribution where the vesting is contingent upon plaintiff’s post-complaint employment efforts. The Appellate Division found that the trial court’s award of 50 percent of all stock awards made before or near the filing of the complaint to the ex-wife did not comport with the evidence, including the judge’s specific finding that the ex-husband was credible, and, additionally, did not comport with the law.
The parties were married in 1998. Plaintiff started his employment as a consultant for a large multi-national corporation in 2001. In August 2003, and every year thereafter until 2010, plaintiff received additional stock awards. The plaintiff testified that the award vested in yearly tranches and was dependent upon his performance. At the time plaintiff filed his complaint in mid-July 2014, he was entitled to eight stock awards, three of which were fully vested and the balance of which would vest subsequent to the complaint.
