If your case involves stock options or restricted stock units these fundamental questions need to be answered and will typically involve hiring someone specialized in this complex area:
- Are the options marital property?
- Are they vested?
- Will they need to be independently valued?
- How can and will they be divided?
- What are the tax implications?
- Will they be considered an asset, income, or both for purposes of child and spousal support considerations?
In addition to the questions above, it is really important to understand the nuances of the specific employer’s plan prior to negotiating in case there are restrictions on how these assets can be divided. Like Laurie Itkin, from our Splitting Smart Live episode this week, there are valuation and division experts in this ever-evolving field that can help navigate these complexities to support you and your spouse understand and negotiate the terms of this part of a divorce.
