Checklist

Divorce and stock awards.

Equity compensation adds real complexity to a divorce settlement — timing, vesting, and valuation all shape how awards get divided. Use this checklist alongside the client's attorney, not in place of one.

Characterize the awards

  • Determine which grants were awarded before the marriage, during it, and after separation
  • Identify whether each grant compensates past service (often marital) or future service (often separate) — this varies by state
  • Confirm the state's approach to dividing unvested equity, since time-rule or coverture formulas are common

Value the position

  • Obtain current values for all vested and unvested awards
  • For options, confirm strike prices and apply an appropriate valuation method where no public market price exists
  • Account for illiquidity and transfer restrictions in the valuation

Plan the division and transfer

  • Confirm whether the plan document even permits transferring awards to a former spouse
  • If transfer isn't permitted, model an offsetting-asset or deferred-distribution approach instead
  • Address who's responsible for tax withholding on future vesting and exercise events
  • Update beneficiary designations and estate documents once the divorce is final

Opens a printable PDF of this checklist in a new tab.

One email a week.
Zero alphabet soup.

Join advisors who get equity comp planning insights, deadline reminders, and the downloadable Equity Playbook.

Sign up free