Protect unvested RSUs without shortchanging your partner.
State time-rules convert pre-wedding stock grants into marital property as they vest. Agree on fair grant-date rules before hiring lawyers.
- What state default law does automatically: In states like California, Washington, and New York, time-rule formulas (Hug and Nelson) convert pre-marital RSU grants into marital property for every month they vest after your wedding date.
- Why a $599 DIY form fails here: A $599 DIY template treats stock like a simple bank account, ignoring vesting cliffs, annual refreshers, double-trigger IPOs, and tax withholding.
- How couples solve this in Vespera: Vespera lets both partners model Grant-Date vs. Vest-Date rules privately and exports a 3-Document Attorney Packet that saves $4,000 to $7,500 in legal redlines.
The 3 traps couples hit when they don't align first.
1. The Vesting Schedule Trap
Pre-marital RSU grants that vest after the wedding date are partially converted into marital property under state time-rules unless explicitly defined by grant date.
2. The Refresher & Bonus Imbalance
Tech compensation is heavily weighted toward annual stock refreshers. If you wall off 100% of future equity without funding joint savings, your partner's reviewing lawyer will reject the draft.
3. The $1,000/Hour Lawyer Standoff
Walking into two law firms without agreeing on grant-date vs. vest-date rules triggers 6+ hours of expensive attorney redlines.
The 3 fair ways couples handle this in Vespera.
Inside Vespera's Blind-Then-Reveal workspace, both partners privately pick which of these balanced models feels right to them.
Separate by Grant Date + Custom Refresher Split
All pre-wedding RSU and option grants remain 100% separate regardless of vesting date; post-wedding refreshers follow an agreed percentage split.
Base & Cash Bonuses Joint, Equity Protected
Base salary and annual cash bonuses fund the joint household, while company equity stays separate with a guaranteed marital savings floor.
Separate Early, Gradual Blending After 7+ Years
Pre-marital grants stay 100% separate forever, while post-wedding refreshers gradually blend into shared family wealth after 7 to 10 years or children.
Model your numbers right now.
1. Equity & Vesting Schedule
2. Separate vs. Marital Split
Total Pool: $460,000Tech Equity & RSUs: Frequently Asked Questions
How does California's Hug or Nelson formula affect unvested RSUs in divorce?
Without a prenup, California courts apply time-rule fractions (Hug for deferred compensation, Nelson for future performance retention) that award the marital community a growing share of pre-marital RSUs that vest during marriage.
Can we keep pre-wedding RSU grants 100% separate while sharing future refreshers?
Yes. Defining equity ownership by Grant Date rather than Vest Date is the most common, balanced tech prenup structure in Vespera.
What happens if I exercise startup ISOs or NSOs using marital cash?
Using joint checking funds to pay an option strike price or AMT tax bill commingles the resulting shares unless your prenup specifies a clear reimbursement or separate-funds protocol.
How much does a tech-equity prenup cost with lawyers?
Hiring two Silicon Valley, Seattle, or NYC attorneys cold typically costs $9,000 to $15,000. Arriving aligned with a Vespera brief cuts drafting and review down to $3,500 to $5,500 total.
Agree on your prenup before hiring lawyers.
Answer guided prompts privately, see where you match, and hand your attorneys an agreed brief.
Vespera is a pre-lawyer financial alignment workspace, not a law firm, and does not provide legal advice or draft binding contracts.