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Separation for Executives and Investment Professionals: Shares, Bonuses and Incentives

Executives and finance professionals often have complex remuneration packages. Shares, options, RSUs, bonuses and long-term incentives must all be clearly identified, valued and negotiated during a property settlement. 

 

Understanding remuneration in the finance sector 

Typical components include: 

  • Base salary 
  • Performance bonuses 
  • Short-term incentives 
  • Long-term incentives (LTIs) 
  • Shares, RSUs and options 
  • Deferred compensation 
  • Carried interest 
  • Profit distributions 

These assets are considered part of the property pool. 

 

How LTIs and deferred compensation are treated 

  1. Vested interests

These form part of the property pool immediately. 

  1. Unvested interests

Courts consider: 

  • Likelihood of vesting 
  • Performance hurdles 
  • Timing 
  • Employer policy 
  • Risk 
  • Whether they are truly “future” assets or tied to past work 

This is highly case-specific. 

 

Negotiation strategies that work well 

  1. Offsetting

E.g., one partner keeps unvested incentives; the other receives more immediate assets. 

  1. Staged payments

Useful when cashflow doesn’t align with vesting schedules. 

  1. Retention of interest

Sometimes agreements allow each party to retain interest in future vesting events. 

 

Parenting considerations 

Executives often have long hours, travel and unpredictable workloads.
We build structures that balance these realities with stability for children. 

 

Resolve’s experience 

We regularly advise clients in banking, finance, investment and executive roles.
Precision, strategy and modelling are essential — and we excel in these areas. 

 

FAQs 

Do bonuses count as income or property?
Both, depending on timing and structure. 

Do we need financial experts?
Sometimes, especially in complex LTI schemes. 

Can my partner claim future vesting after separation?
In some cases, yes. If it relates to work performed during the relationship. 

 

 If you want to get a better understanding of how this applies to your personal circumstances, please book a free 15-minute call with our client care team by clicking here.