Stock options, both vested and unvested, are considered assets in a divorce that can be divided between the spouses. The most common way to divide stock options is for the divorcing employee to retain the stock options and award the nonemployee spouse other marital assets of equivalent value as an offset.

What happens when share options are exercised?

Exercise your stock options to buy shares of your company stock, then sell just enough of the company shares (at the same time) to cover the stock option cost, taxes, and brokerage commissions and fees. The proceeds you receive from an exercise-and-sell-to-cover transaction will be shares of stock.

Are stock options marital property?

In equitable division states, stock options that can be exercised up to the end of the marriage are often considered marital property. Those that are not exercisable during that timeframe are typically considered separate property.

Do you have to sell your stocks in a divorce?

The short answer to that question is no, you won’t be required to sell your investment account(s). This does not mean that you could not sell your investment account(s) if you so choose, but a court, albeit it absent special circumstances, will not order you to sell your investments.

What does it mean to exercise vested stock options?

The process of earning the right to exercise is called vesting. You can usually only exercise vested stock options.

Do you have to sell shares when exercising stock options?

When early exercising, you can’t sell some of your stock to pay for your shares— you have to use your own money. You also can’t predict whether your shares will increase in value. By waiting the usual one-year vesting cliff, you may get a better idea of whether you should purchase your options or not.

What happens when you exercise stock options in a tender offer?

Cashless (exercise and sell): If your company is public or offering a tender offer, they may allow you to exercise and sell all your options in one transaction. Some of the money from the sell covers the purchase price plus applicable fees and taxes, and you pocket the rest of the money.

Can You front the money for stock options?

In reality, most employers (or the stock transfer service they use) will front the money, making this a cashless exercise. The same math applies for the second and third year, enabling you to capture the difference between the original $10 stock price and the current stock price for each of the next block of 1,000 shares.