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Arizona law is instructive. Stock options are a form of compensation. See In re Marriage of Robinson and Thiel, 201 Ariz. 328, 332, P 9, 35 P.3d 89, 93 (App. 2001). 'Property acquired by either spouse during marriage is presumed to be community property, and the spouse seeking to overcome the presumption has the burden of establishing a separate character of the property by clear and convincing evidence.' Thomas v. Thomas, 142 Ariz. 386, 392, 690 P.2d 105, 111 (App. 1984). Property acquired after service of a petition for dissolution is considered separate property if the parties get divorced. See A.R.S. § 25-211 (2000).
In Arizona, the community has an interest in the property earned during the marriage. See Van Loan v. Van Loan, 116 Ariz. 272, 274, 569 P.2d 214, 216 (1977) (holding that to the extent a spouse acquires unvested pension benefits from community efforts, that property right is divisible upon dissolution). However, compensation for a spouse's post-dissolution efforts is sole and separate property. See A.R.S. § 25-213(B) (Supp. 2004); In re Marriage of Kosko, 125 Ariz. 517, 518, 611 P.2d 104, 105 ('any portion of a recovery which represents compensation ...
