Patrick M. Hogan v. Amanda H. Wong

Supreme Court of Rhode Island·Decided July 22, 2026·No. 2024-0377-Appeal.·Published

Opinion

Supreme Court

No. 2024-377-Appeal. (P 21-3157)

Patrick M. Hogan :

v. :

Amanda H. Wong. :

NOTICE: This opinion is subject to formal revision before publication in the Rhode Island Reporter. Readers are requested to notify the Opinion Analyst, Supreme Court of Rhode Island, 250 Benefit Street, Providence, Rhode Island 02903, at Telephone (401) 222-3258 or Email opinionanalyst@courts.ri.gov, of any typographical or other formal errors in order that corrections may be made before the opinion is published. Supreme Court

Present: Suttell, C.J., Robinson, Lynch Prata, Long, and Indeglia (ret.), JJ.

OPINION

Justice Robinson, for the Court. The plaintiff, Patrick M. Hogan, appeals

from an October 7, 2024 order of the Family Court, affirming a decision of the

general magistrate that had awarded certain marital assets to the defendant, Amanda

H. Wong, in this divorce action. Before this Court, the plaintiff contends that the

Family Court erred (1) in “valuing certain marital assets as of the date of separation

rather than the date of divorce;” (2) in “fail[ing] to consider unvested stock options

and RSUs[1] as an asset to be divided;” and (3) in “failing to consider the wife’s

1 As we further discuss infra, a stock option is the right to purchase a specific number of shares of company stock at a pre-set price for a fixed period of time, usually following a pre-determined waiting period called the “vesting period.” Taryn Phaneuf, RSUs Vs. Stock Options: What’s the Difference? (Oct. 27, 2025), https://www.nerdwallet.com/investing/learn/rsus-vs-stock-options. A restricted stock unit (RSU), by contrast, is an award of shares of company stock that is issued subject to a pre-determined vesting schedule. Id.

-1- transfer of over $200,000 from the Brokerage Account to her own Checking

Account” when the division of marital assets was occurring.

This case came before the Supreme Court pursuant to an order directing the

parties to appear and show cause why the issues raised in this appeal should not be

summarily decided. After considering the parties’ written and oral submissions and

after carefully reviewing the record, we conclude that cause has not been shown and

that this case may be decided without further briefing or argument. For the reasons

set forth in this opinion, we affirm the order of the Family Court.

I

Facts and Travel

The parties were married on October 18, 2018. On May 23, 2021, the parties

separated; and, on July 19, 2021, plaintiff filed a complaint for divorce, citing

irreconcilable differences. On July 26, 2021, defendant filed an answer and a

counterclaim for divorce. A trial was held before a general magistrate of the Family

Court on various dates in February and March of 2023 because the parties could not

agree on the distribution of the marital assets. The general magistrate heard

testimony from both parties and from Jane McAuliffe, a certified divorce financial

analyst.2 Following the trial, the general magistrate issued a written decision that,

2 Ms. McAuliffe testified that, as a certified divorce financial analyst, she “help[s] folks navigate the financial complexities of their finances and marital estate and separate the estate in the context of divorce.”

-2- inter alia, (1) awarded to defendant the entirety of her Fidelity checking account; (2)

divided the “remaining vested stock options and remaining vested RSUs” in

defendant’s Fidelity brokerage account “that vested as of May 31, 2021 and that

were not otherwise sold in June 2021;”3 and (3) awarded to defendant certain stock

options and RSUs that were unvested as of May 31, 2021.

We summarize below the salient aspects of the testimony of the several

witnesses at the trial that we deem relevant to the issues before us on appeal.

A

The Testimony of Patrick Hogan

Patrick Hogan was the first witness to testify. He stated that he was

thirty-eight years old and that he works at ENE Systems as a project manager and

earns approximately $145,000 annually. It was Mr. Hogan’s testimony that

irreconcilable differences between Ms. Wong and him had led to the breakdown of

their marriage.

Mr. Hogan testified that during his marriage to Ms. Wong he made most of

the financial decisions. He stated: “I basically had full access to both of our accounts

and traded, sold options for basically the entirety of []our relationship for ten years.”

Mr. Hogan recalled that Ms. Wong started her job at Moderna, Inc. “right around the

3 Ms. Wong was awarded 60 percent of said stock options and vested RSUs, while Mr. Hogan was awarded 40 percent of those assets. See Part I.D., infra.

-3- time [they] got married.” It was Mr. Hogan’s testimony that he encouraged Ms.

Wong to leave her previous position at a company known as Biogen and to accept

the job offer from Moderna. Mr. Hogan stated:

“It was very intentional for her to get that job. We discussed the technology. I told her the technology at Moderna was fascinating and that I would take the job.

“I helped her through all her employer stock purchase paperwork. I helped her set up all her options in restricted stocks and basically made all transactions in her account prior to separation.”

Mr. Hogan testified that he assisted Ms. Wong in selling her stock options at

various times. He stated that, while he was usually involved in financial decisions

during the marriage, he was not involved in a particular stock transaction in June of

2021 concerning Ms. Wong’s Fidelity brokerage account.

On cross-examination, Mr. Hogan admitted that he had had several girlfriends

during the time since he and his wife separated. He acknowledged that he and Ms.

Wong separated on May 23, 2021. Mr. Hogan stated that he was aware of Ms.

Wong’s stock options and restricted stock units. He also indicated that he was aware

that she would no longer be eligible to receive those unvested stocks if she did not

continue her employment at Moderna. It was Mr. Hogan’s further testimony on

cross-examination that, throughout the course of the marriage, he prepared the

couple’s joint tax returns. He further stated, however, that they had filed separate

tax returns for the tax year 2021. Mr. Hogan admitted that he had asked Ms. Wong

-4- to sell certain Moderna stock in June of 2021 because they “had originally discussed

a settlement and just avoiding going to court altogether * * *.” It was further Mr.

Hogan’s testimony that, in June of 2021, he had “walked her through” how to sell

that stock during a FaceTime conversation.

B

The Testimony of Jane McAuliffe

The plaintiff next called Jane McAuliffe, a certified divorce financial analyst,

to testify as an expert witness on the issue of Ms. Wong’s employment compensation

package. Ms. McAuliffe testified that she had reviewed Ms. Wong’s stock option

incentive plan from Moderna in addition to “a number of Fidelity Investment

statements * * * going back to 2018, but most importantly, over the last two or so

years.” Ms. McAuliffe stated that, in her opinion, the stock option incentive plan

“does not directly address whether the division of or transferability of the

nonqualified stock option or restricted stock units specifically covers just vested

RSUs and nonqualified stock options or the unvested as well.”

Ms. McAuliffe further testified as follows:

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Patrick M. Hogan v. Amanda H. Wong, (R.I. 2026).

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