For a Greenwich, Stamford, Westport, or New Canaan household where most of the compensation arrives as something other than salary, the hard question in a divorce is rarely how to divide a bank account. It is what the compensation is worth, when it was earned, and whether it is property, income, or both.
The core problem: property, income, or both
Connecticut divides marital property equitably under C.G.S. § 46b-81 and sets alimony under § 46b-82. Equity compensation sits awkwardly across the two. A vested RSU is an asset. An unvested RSU granted during the marriage but vesting after it may be partly marital property and partly future compensation. A bonus paid in March for last year's work is income for support purposes and may also be an asset on the affidavit date.
Getting this wrong in both directions is common: counting the same dollar as both a divided asset and support income, or letting a substantial award vanish from the estate because nobody asked for the grant documents.
RSUs, options, and performance shares
Restricted stock units are the most common form in this market. The analysis begins with the grant date, the vesting schedule, and the stated purpose of the grant, whether it rewards past performance or is intended to retain the employee going forward. Courts commonly use a time-based coverture allocation to determine the marital share of an unvested award.
Stock options add valuation complexity: intrinsic value is straightforward, but a Black-Scholes or similar model may be needed for options with substantial time value. Performance shares add a probability question, what has to happen for them to vest at all.
Division is rarely a literal transfer. Plan documents usually prohibit assignment, so the practical mechanics are a constructive trust or an 'if, as, and when' order requiring the employee spouse to transfer the after-tax proceeds on vesting, with the tax burden explicitly allocated.
"An order dividing equity compensation that does not say who pays the tax has not divided anything yet."

Deferred compensation and carried interest
Non-qualified deferred compensation plans are unsecured promises of the employer and are usually not divisible by a QDRO. They require their own transfer mechanism and a candid assessment of collection risk.
Carried interest is the hardest item on the list. It is contingent, often long-dated, subject to clawback, and difficult to value at the time of a divorce. The common resolutions are a fixed-percentage future interest, an agreed present-value buyout at a discount, or a deferred distribution structure, each with different risk allocation between the spouses.
Support on variable income
Where base salary is a minority of total compensation, a support order pegged to base alone will be wrong every year. The usual approaches are a multi-year average of total compensation, or a two-part order: a fixed amount on base plus a percentage of bonus and equity income above a stated threshold, payable within a set number of days of receipt.
The percentage approach tracks reality better and produces fewer modification motions, but it requires a clear definition of what counts and an annual exchange of documentation to enforce it.
What disclosure needs to include
Beyond tax returns and pay statements: every grant agreement and award notice, the plan documents themselves, vesting schedules, the deferred compensation election forms and account statements, partnership agreements and K-1s, capital account statements, side letters, and any trust instruments under which the spouse is a beneficiary.
The HNW asset worksheet walks this inventory field by field, and it is the fastest way to arrive at a first meeting with the picture already assembled.
Privacy, employers, and conduct
Family files in Connecticut are largely public. Where compensation detail is sensitive, the strategy is usually to resolve terms in a separation agreement rather than build a trial record, and to seek protective orders over produced financial material where the standard is met.
Subpoenas to an employer are available and sometimes necessary, but they are not a first resort. A voluntary, complete production is faster, cheaper, and considerably less disruptive to the income both households still depend on.
Common questions
- How are RSUs divided in a Connecticut divorce?
- Vested RSUs are typically marital property. Unvested RSUs granted during the marriage are often allocated using a time-based coverture formula. Because plans usually bar assignment, division is normally handled as an 'if, as, and when' transfer of after-tax proceeds on vesting, with the tax burden expressly allocated.
- Is a bonus marital property in Connecticut?
- A bonus earned during the marriage is generally part of the marital estate, and bonus income is also part of the income base for support. Careful drafting is needed to avoid counting the same dollar twice.
- How is carried interest treated in a divorce?
- It is contingent and hard to value, so it is usually resolved through a fixed future percentage, a discounted present-value buyout, or a deferred distribution structure rather than a present division.
- How is child support or alimony set when most income is bonus and equity?
- Commonly through a multi-year average of total compensation, or a fixed base amount plus a defined percentage of bonus and equity income above a threshold, payable shortly after receipt.
- Can I keep my compensation details out of the public record?
- Largely, yes, by resolving terms through a separation agreement rather than a trial record, and by seeking protective orders over produced financial material where the standard is met.
- What Does a Divorce Cost in Connecticut?How retainers and hourly billing work, the five drivers of cost, court and expert fees, and when a court may order a contribution to counsel fees.Read
- How Child Support Is Calculated in ConnecticutThe Child Support Guidelines worksheet, what counts as income, the lawful grounds for deviation, and how add-ons like health insurance and child care are apportioned.Read
- Divorcing a Business Owner in ConnecticutBusiness valuation, owner-compensation analysis, and disclosure issues when one spouse owns a closely held Connecticut business.Read

