How Are Stock Options and RSUs Divided in a Texas Divorce?

 Posted on September 29, 2026 in Asset Division

In a high-asset divorce, stock options and restricted stock units (RSUs) can make property division more complicated. Some awards may already be vested, while others will not become available until years after the marriage ends.

Texas law provides a way to determine what portion of certain employment benefits belongs to the community estate. If stock options or RSUs are part of your divorce in 2026, our Grapevine, TX divorce attorney can help you understand how they affect your property division.

Are Stock Options and RSUs Community Property in Texas?

Stock options and restricted stock can include both community and separate property interests. For example, under Section 3.007 of the Texas Family Code, stock options and restricted stock granted through qualifying employer plans can have a separate property portion when the employee must continue working after the divorce to receive them. The law uses a formula to separate that post-divorce period from the portion tied to the marriage.

If an award vests in stages, each part with a different vesting date is calculated separately. This prevents an entire award from being treated the same way when different portions were earned over different periods.

What Happens to Stock Options or RSUs During Divorce in Texas When They Have Not Vested Yet?

Unvested stock options and restricted stock are not automatically left out of a Texas divorce. The spouses can still have property interests in an award that will not become available until later.

For example, an employee could receive an award during the marriage that will not fully vest for another two years. Determining how that award should be treated can require records such as:

• The original stock option or RSU grant
• The employer's equity compensation plan
• Vesting schedules for each part of the award
• Account statements showing vested and unvested shares
• Employment records showing relevant dates

These records are especially important when an employee has received several awards over the course of the marriage. Each grant can have its own dates and vesting terms.

How Are Stock Options and RSUs Valued in a Texas Divorce?

Stock options and RSUs can require different approaches to valuation. For vested RSUs, the current share price can help establish the value of the stock.

Stock options require another calculation because the employee must pay the exercise price to buy the shares. For example, an option to buy stock for $50 per share has less value when the stock trades at $55 than when it trades at $100.

For substantial or complex awards, a financial professional can help determine their value for the property division. This can give both spouses a clearer picture of how much of the marital estate is tied to equity compensation.

How Does Texas Divide Stock Options and RSUs in a Divorce?

Once the spouses' interests are identified, the community portion becomes part of the property division. Under Texas law, a divorce decree must determine both spouses' rights in employee stock option plans and other employer financial plans.

The award itself does not always have to be divided between the spouses. The employee spouse can keep the equity while the other spouse receives other community property as part of the overall division.

The employer's plan can also restrict how or when an award can be transferred. Clear divorce terms can address how the spouses will handle the award when the shares or options become available.

Contact a Keller, TX High-Asset Divorce Attorney

Stock options and RSUs can represent a substantial part of a family's wealth. With over 50 years of combined experience, the lawyers at Powell Law Offices, P.C. can help you navigate how these assets are handled in your divorce.

Attorney Lauren Powell has been recognized as a Top 10 Family Lawyer in Texas since 2019 and as a Top 10 Family Law Attorney by Fort Worth Magazine. She uses a tech-savvy approach to complex financial cases while giving clients the friendly, personal attention of a trusted family adviser. When litigation is necessary, she is also prepared to be aggressive in court.

Call 972-584-9382 or contact our Grapevine, TX divorce lawyers to schedule a free consultation.