What is a San Diego Family Law Attorney for Restricted Stock Units?

What is a San Diego Family Law Attorney for Restricted Stock Units?

Navigating family law can be complex, especially when it involves financial assets like restricted stock units (RSUs). A San Diego family law attorney skilled in handling RSUs plays a crucial role during divorce proceedings or separation. Understanding how these financial instruments are treated under California law is essential for protecting your interests.

Understanding Restricted Stock Units (RSUs)

Restricted stock units are a form of compensation offered by employers, typically to attract and retain employees. Unlike regular stock options, RSUs are not owned by the employee until they vest, making them a unique asset in family law cases. These units will be converted into shares after meeting certain conditions, such as continued employment for a specified period.

Key Features of RSUs

  • Vesting Period: RSUs often come with a vesting schedule, meaning the employee only gains ownership after a certain timeframe.
  • Tax Implications: Taxes are typically owed at the time of vesting, not when the RSUs are granted.
  • Market Value: Once vested, RSUs have a value tied to the company’s stock price, which can fluctuate significantly.

Role of a San Diego Family Law Attorney

A qualified San Diego family law attorney can provide invaluable assistance when it comes to RSUs during family law disputes. Here are several ways they can help:

Legal Guidance on Asset Division

The division of assets, including RSUs, can be contentious in divorce cases. Your attorney will ensure that these units are accurately assessed and valued as part of the marital estate. California follows community property laws, meaning that RSUs accumulated during the marriage may be subject to equal division.

Protection of Your Interests

Your attorney will work to protect your rights regarding your financial interests. They will assess which portion of the RSUs is considered community property and which may remain separate. This nuanced understanding is crucial to ensuring a fair settlement.

Negotiating Settlements

Experienced family law attorneys are skilled negotiators. They will represent your interests in settlements involving RSUs, ensuring that you receive your equitable share. This may involve negotiating the timing of the sale of shares post-vesting to minimize tax implications.

Benefits of Hiring a Family Law Attorney for RSUs

Engaging a San Diego family law attorney offers several benefits:

  • Expert Knowledge: Attorneys possess a deep understanding of both family law and financial matters, particularly concerning RSUs.
  • Tailored Legal Strategies: Each case is unique. An attorney will tailor strategies based on your specific circumstances surrounding RSUs.
  • Peace of Mind: Knowing that a professional is handling your case allows you to focus on other aspects of your life during a challenging time.

Common Questions About Family Law and RSUs

How are restricted stock units treated in a divorce?

In California, RSUs granted during the marriage are usually considered community property. Therefore, they will be subject to division during the divorce process, even if they haven’t vested yet.

What happens to RSUs that vest after separation?

RSUs that vest after separation but were granted during the marriage may still be subject to division, depending on the specifics of the case and the language in the divorce agreement.

Can I include RSUs in the divorce settlement?

Yes, you can include RSUs in the divorce settlement. This requires careful evaluation of their current and projected value, as well as understanding the vesting schedule.

Steps to Take When Hiring a Family Law Attorney

  1. Identify Your Needs: Determine the specifics of your RSU situation and how it integrates into your overall financial picture.
  2. Research Attorneys: Look for attorneys who specialize in family law and have experience with financial assets like RSUs.
  3. Schedule Consultations: Meeting with prospective attorneys can help you gauge their expertise and determine the best fit for your needs.
  4. Ask About Fees: Understand the cost structures, including retainers and hourly rates, to avoid unexpected expenses.

Conclusion

In conclusion, if you are facing a divorce or separation involving restricted stock units, engaging a San Diego family law attorney can be pivotal to protecting your financial interests. At Happ Law Group, our experienced attorneys specialize in family law cases involving complex financial assets, including RSUs. We strive to help you navigate your situation with confidence and clarity.

For more information on how we can assist you, please visit our Family Law Services or contact us today for a consultation. Navigating family law and financial assets doesn’t have to be an uphill battle; let us guide you every step of the way.

DISCLAIMER: This information is made available by Happ Law Group P.C. for educational purposes only as well as to provide general information and a general understanding of California law, not to provide specific legal advice. If you are in need of advice about your specific situation, you should consult with a California family law attorney.