I know someone in Massachusetts who will be filing for divorce at any time. I wish to give this person a gift of some stock, but I want it to be solely their possession come the divorce. If I give them a stock certificate in their name only, could it be divided up with the rest of the assets come the divorce? The couple has been together roughly 20 years, reason for divorce would be breakdown of the marriage.

Thank you.

I am not sure the answer to that question.

However, someone else on this board might know.

My inclination would be to say yet, half would be the spouses.

Best advice: Just hold off. Or get them a different type of gift. Like a Spa or tickets to a baseball game.

It could be. Wait until the divorce is final and all of the marital property has been divided and settled on, then give the person the stock gift.

In divorce it is almost always maybe or should not be but never for sure one way or another. So why the rush, wait till the divorce is final and then give it to them

Absolutely wait... all is fair game until the divorce goes final and even then if one party finds out the other has something of value there is nothing that can stop them from going after it... whether they would get it or not... good luck

From a strictly academic point of view. If there were a compelling reason (imminent death of the giftor) the stock could be put into a trust with the party that would be the reciient named as the trustee/beneficiary of the trust. I believe that would avoid probating it in a divorce action (though not sure, would love to hear other thoughts).