Whose RSUs Are These? Dividing Equity in a California Divorce

How California divides restricted stock and options in divorce: the Hug and Nelson time rule, the date of separation, and the after tax traps. In many California high net worth divorces, the largest asset on the table is not the house or the retirement account. It is a block of restricted stock and options that has not fully vested. How that block gets divided can swing by a large margin depending on two things: one date, and one word.This episode walks through how California divides equity compensation, and where a financial partner changes the result for a family law attorney and their client. We cover:Why unvested RSUs and options are community property to the extent they were earned during the marriage, even when they vest after separation.The two time rule formulas, Hug and Nelson, and why the choice between them is really an argument about what a grant was for.Why the date of separation quietly sets the community share of every unvested grant.The tax trap of treating a share like a dollar, and why equity should be valued after the embedded tax.The mechanics of dividing equity, from buyouts to deferred distribution, and why most plans cannot be split the way a retirement account is split.Read the companion article: https://marriagefinancial.com/blog/rsu-stock-options-divorce-californiaAdvisor in Your Corner is hosted by Alex Weinberger, CFP, CDFA, President of Marriage Financial Solutions, a financial consulting firm in Los Angeles working exclusively with individuals and families navigating divorce. Learn more at https://marriagefinancial.com or schedule a private consultation at https://calendly.com/abwcalendar/inquiry-30-minute.This episode is for general informational and educational purposes only and is not financial, tax, or legal advice. Investment advisory services are provided through Weinberger Asset Management, an affiliated registered investment adviser.Send us Fan Mail