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.