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Characterizing Employee Benefits (Non Federal)

Stock Options & Restricted Stock Plans. Characterization of employer provided stock options and restricted stock are governed by a formula expressed in Tex. Fam. Code § 3.007 (d) – (e). Each grant of a stock option or a restricted share…

Nail v. Nail, 486 S.W.2d 761 (Tex. 1972)

Professional & Personal Goodwill Professional or personal goodwill attaches to the person and does not exist apart from the individual’s skills, rather than the trade or the business due to that person’s professional skill or ability. As a result, professional…

Property Not Subject to Characterization (Post Divorce)

Future wages + post divorce efforts required = expectancy interest Expectancy Interests generally not subject to characterization. Future wages are generally not subject to characterization as community property. Even if the future wages are derived or earned in part for…

Property Not Subject to Characterization (Professional Goodwill)

Professional Goodwill Professional or personal goodwill attaches to the person and does not exist apart from the individual’s skills, rather than the trade or the business due to that person’s professional skill or ability, and terminates on that person’s death,…

Property Not Subject to Characterization

General Rule: Property of A Partnership. Generally, property of the partnership is owned by the partnership and not subject to being characterized as either community or separate. For example, capital contributions and retained earnings are considered partnership property, and not…