Marriage
Getting married typically has a minimal impact on your stock-based compensation
How Getting Married Impacts Your Stock-Based Compensation
The impact of marriage on your stock-based compensation is usually one of the last items you're mentally focused on (with good reason; its a joyous time!). That said, getting married can impact your stock-based compensation in a number of ways, so it's important to understand what impact it will/may have, and what potential decisions or choices you have.
By and large, marriage should have minimal impact on your stock options in so much as there should be nothing you immediately need to do, change, or update. The biggest impact will come from the fact that getting married has a legal impact on all of your income and assets--including stock-based compensation.
Stock Comp Vested When Married is Usually Considered Marital Property
As implied in its name, stock-based compensation is by and large considered compensation. And as such, any vesting or ownership stake you accrue when you are married is likely to be considered marital property. Conversely, any vesting or ownership stake you had already accrued prior to being married, is typically considered pre-marital property.
Exceptions & Nuance
The above said and noted (i.e. stock comp vested during marriage is usually considered marital property), there can a number of circumstances and situations that impact how stock comp is handled when you get married:
Do you have, or will you have, a marital agreement (pre-nup or post-nup)? If you and your spouse (or soon-to-be spouse) have opted to enter into a marital agreement, it most likely should address the past and future stock-based-compensation that each individual will accrue.
Is your state a community property or separate property state? Community property and separate property states have major differences in regards to how the state laws consider and address stock-based-compensation. By and large, there is a general presumption that all assets (including stock comp) acquired after the date of marriage in a community property state are marital community assets.
State laws. The major state law difference is noted above (i.e. community property vs. separate property state), but there can be a number of different individual state laws and statutes that impact how marriage can impact your stock comp as well.
Actual vesting vs. time earned. Should it ever matter (e.g. a divorce), how long you vested into a particular grant vs. the actual vesting date is likely to matter as well. For example, if you were married 1 day prior to vesting date, the percentage of the time of that vesting in which you were single versus married could potentially be considered.
Other Ways Marriage Impacts Your Stock-Based Compensation
Tax planning considerations. Getting married changes your tax filing status from single to either (1) married filing jointly, or (2) married filing separately. Understanding this change, how it may impact your tax bill, and if any new tax planning strategies come into play is an important item to review.
Spousal consent. In certain states (specifically, community property states), spousal consent may be required for certain transactions, such as the exercise of stock options.
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