Popovitch Law LLC

Greater Boston Divorce and Family Law

617.863.7847

LEXINGTON, MASSACHUSETTS

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  • Our Team
    • Lauren N. Popovitch, Esq.
    • Luann Liang, Esq.
    • Michael Parousis, Esq.
    • Deana Strob
    • Tara Pugliese
    • Alexis Browning
    • Sarah Colbert
    • Jason Hnatko, PE
  • Family Law
    • Divorce & Separation
      • Alimony/Spousal Support
        • Cavanagh v. Cavanagh
        • Openshaw v. Openshaw
      • Complaint for Contempt
      • Complaint for Modification
      • Inheritance and Trusts
      • Parenting Plans
      • Property Division
      • Stock Options and RSUs
      • Separation Agreement
    • Child Support & Custody
      • Child Support
      • Child Custody
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Stock Options and RSUs

Attorney Popovitch, founder and managing partner of Popovitch Law LLC, has helped numerous clients navigate separations, divorces, and asset divisions involving stock options and RSUs. Whether these matters are simple or complex, it is critical to have experienced counsel. 

Stock options granted to a party during a marriage are considered marital assets subject to division, even if the options vest after the parties are divorced. 
 
Whether stock options that are issued after a divorce are treated as income once exercised when calculating support is a grey area. The Appellate Court decision of Jones v. Jones, No. 20-P-1217 (September 14, 2022) suggests that  they could be treated as income once exercised – however it all depends upon the drafting of the Separation Agreement and considering the parties intent at the time of drafting/entering into the Agreement. 
 
The Separation Agreement has to  have precise language regarding the definition of income, bonuses, stock options, and other forms of compensation.  Absent clear language that the vesting of stock options granted after a divorce is to be considered income when calculating support, that income may not be included when calculating support after judgment of divorce nisi is entered.
 
The Child Support Guidelines state: “income derived from stock options and similar incentives, excluding any income from the coverture portion allocated at the time of the divorce” is included in a party’s income for calculating child support. The vesting of stock options, not otherwise includable in the division of the marital estate, should be included in a party’s income when calculating child support. Alimony stands on a different footing. The parties can define income for purposes of calculating alimony in their separation agreement. The drafting of the separation agreement is of utmost importance. 
 
Please contact POPOVITCH LAW LLC for guidance and representation to draft your clear and unambiguous separation agreement to protect your income and assets after divorce enters
 
  • "I highly recommend Lauren to you not only because I had a wonderful experience, but also, I truly believe everyone who are seeking for an attorney would benefit from such a strong advocacy. Lauren is an excellent negotiator and use every best strategy to fight for client’s best interests. She comes well prepared for trial and I am so thankful to have her in my corner...

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  • "If you are facing a tough and contentious divorce process where you need someone who will advocate tirelessly for you and make sure you aren’t taken advantage of, Lauren Popovich is the right lawyer for you...

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  • "It is very hard to find an attorney that truly cares for their clients. Lauren is a dedicated and very responsive attorney. She takes the time to focus on the details and does what's best for her clients. she is very knowledgable and never allows other attorneys to strong arm her..."

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  • "Lauren was confident and assertive in dealing with a very difficult and tense situation. In the end Lauren’s knowledge and tenacity led to a fair settlement commensurate with my income, which was all that I could ask for and far less than I was facing. If you’re looking for great representation...

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  • "Lauren invested considerable time researching my situation and listening to my story. I consider her a friend and more importantly feel she has my (and my children's) best interest in mind when she is negotiating or slinging arrows at my spouse...

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  • "I could not be happier with the representation that I received from Attorney Popovitch. Lauren is honest, knowledgeable, professional, and was determined to deliver the best possible outcome for me during my divorce, and she did. I echo others comments here regarding...

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Personalized Attention

It is Lauren Popovitch’s priority to ensure that each client receives timely communication and guidance at every stage of the legal process. Popovitch Law LLC serves clients throughout the Greater Boston and Metrowest area.

Schedule a Free Consultation

CALL: 617.863.7847
EMAIL: lauren@popovitchlaw.com

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Super Lawyers

Avvo Top Attorney - Divorce

10 best in client satisfaction - American Institute of Legal Counsel

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