How do courts treat unvested RSUs, stock options, and performance equity granted during marriage but vesting after divorce?

Unvested equity is not automatically yours. Texas Family Code § 3.007(d) uses a time-rule formula. If the award was granted during the marriage but still requires post-divorce service to vest, your separate-property fraction is the period from divorce to vesting, divided by the full period from grant to vesting. The rest is community property and is subject to a just-and-right division under § 7.001.

If the grant predates the marriage and required work during the marriage, the separate share includes the premarital period plus any required post-divorce service. Each tranche is calculated on its own calendar. Performance shares and cliff-vested awards need the same date discipline.

Judges in Collin, Denton, and Grayson Counties then decide how to implement the community interest: an offset with other assets, a percentage of future proceeds, or a constructive trust when the shares vest. Valuation date, tax withholding, broker restrictions, and post-decree reporting must be written into the order. A sloppy decree can leave you paying tax on value your former spouse receives.

Bring grant notices, plan documents, and vesting calendars to the first meeting. Those dates drive the math more than the headline number of shares. I have been Board Certified in Family Law since 1998. Call 469-296-8200 for a confidential review.