Complex Assets in Divorce: RSUs, Stock Options, and Valuation Strategies

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha break down one of the most complicated areas in modern divorce cases: how to identify, value, and divide complex assets like restricted stock units (RSUs), stock options, and deferred compensation. As compensation structures evolve—especially in tech and finance—these assets are showing up more frequently and creating significant challenges for both attorneys and clients.

Episode Highlights

Why complex assets matter more than ever
With the rise of equity-based compensation like RSUs and stock options, more divorces involve assets that are not straightforward cash or property. These assets can be highly valuable but also difficult to understand, classify, and divide.

Understanding RSUs and stock options
Ryan explains that RSUs and stock options are common forms of compensation, particularly in tech companies. While stock options give an employee the right to buy shares at a set price, RSUs are shares granted subject to restrictions, often tied to time or performance.

The importance of vesting
A key issue is vesting—when the employee actually gains the right to access or sell the asset. Many clients assume that unvested assets are not divisible, but Amy emphasizes that even unvested portions may still be partially marital depending on the circumstances.

Marital vs. separate property analysis
Determining whether these assets are marital or separate requires analyzing employment agreements, grant documents, and case law. Courts often look at whether the asset was earned during the marriage or tied to future performance after the divorce.

The time rule formula
Amy explains the commonly used “time rule,” which helps allocate the marital portion of an asset. This involves comparing the time worked during the marriage to the total vesting period to determine what percentage is marital.

Valuation challenges and expert involvement
Valuing these assets can be complex, especially when dealing with private companies or performance-based vesting. Experts—such as business valuation professionals—are often necessary to determine fair market value and apply appropriate discounts or models.

What is Divorce at Altitude? 

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.