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BREBAUGH v. DEANE

No. 1 CA-CV 04-0237.

118 P.3d 43 (2005)

In re the Marriage of: William J. BREBAUGH, Petitioner-Appellant, v. Nancy L. (Brebaugh) DEANE, Respondent-Appellee.

Court of Appeals of Arizona, Division 1, Department B.

August 23, 2005.

Attorney(s) appearing for the Case

Raymond, Greer & Sassman, P.C., Phoenix, By Leonard D. Greer, J. Douglas McVay, Phoenix, for Petitioner-Appellant.

Fromm Smith & Gadow, P.C., Phoenix, By Stephen R. Smith, Sandra J. Fromm, for Respondent-Appellee.

OPINION

PORTLEY, J.

¶ 1 We examine whether stock options that had not vested before the petition for dissolution was served can be divided as community property. Because we find that the trial court needs to determine whether the unvested stock options were compensation for past performance, incentives for future performance or some combination of both, we reverse that portion of the decree of dissolution and remand the matter to the trial court.

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