1. Deconstructing the Equity Matrix: RSUs and Stock Options
For executives in tech, entertainment, and corporate sectors across Los Angeles, Restricted Stock Units (RSUs) and stock options often comprise the majority of their net worth. June frequently marks the conclusion of the second quarter, a primary window for equity vesting and stock refreshes.
The exact timing of your date of separation relative to these June vesting dates can alter your financial outcome by hundreds of thousands of dollars. In California, all assets acquired from the date of marriage to the official date of separation are presumed to be community property and are subject to an equal 50/50 split. Anything earned after the date of separation belongs entirely to the individual spouse as separate property.
When equity grants bridge the period before and after separation, California courts do not simply cut the stock down the middle. Instead, they apply specific time rule formulas to determine the community fraction. The choice of formula depends entirely on the original purpose of the stock grant, making detailed corporate documentation essential:
This formula is applied when a company grants RSUs or stock options primarily as an incentive for future performance or long-term retention. The calculation looks at the number of days from the grant date to the date of separation, divided by the total time from the grant date to the vesting date. Because it focuses on future service, a post-separation filing heavily favors the employee spouse.
This formula is utilized when the equity grant is characterized as deferred compensation, meaning it rewards past performance or work already completed during the marriage. The calculation tracks time from the initial date of hire to the date of separation, which typically increases the community property share belonging to the non-employee spouse.
Katherine Cohan works with elite forensic accountants to audit your grant timelines and employment agreements, establishing a robust legal narrative for which formula applies to your specific equity portfolio.
