[Still Thinking]

They can argue it is worth the higher of the two.

The judge shouldn't allow that. They shouldn't be able to have it both ways.

[thefrankbaum]

Have you looked at the tax code? They’ve got hundreds of things both ways.

[fatrat]

Yes, they can have it both ways. Look how they treat military retired pay. It is income according to the IRS and subject to income taxes but it is property according to divorce courts and can be divided in a divorce settlement.