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Specialty tag(s): Complex Property, Characterization of Separate and Community Property, Property Division, Divorce

How Do You Divide Restricted Stock Units in a Divorce?

Katie Flowers Samler | April 3, 2024

When you get a divorce, it’s likely that shares of stock you own will become part of the pool of assets to be divided with your spouse. But what happens to restricted stock units you’ve earned from your employer? The answer is that RSUs are generally treated the same as stock.

First, you’ll need to determine whether your RSUs are community property or separate property. Answering this question can be tricky, so it’s important to consult an experienced divorce attorney to make sure that your assets are characterized correctly. If the RSUs are characterized as separate property, you won’t need to share them with your spouse, but if they’re community property, they’ll need to be divided.

If you do need to divide up your RSUs, vested units will be split up like regular stock; either you’ll both get an equal amount of units, or one of you will buy out the other’s interest. If you have unvested RSUs, you’ll need to agree on a fair value for them, them divide them the same way.

If you need help navigating the complexities of property division in your divorce, the knowledgeable attorneys at Goranson Bain Ausley can help. Contact our Texas family law firm today to set up a consultation.