By Don't Get Married WA editorial desk · Washington · Source links checked: 2026-09-07
Last legally reviewed: Not yet attorney reviewed. Law-current-through: Not certified. This guide organizes sources and questions; it does not apply law to your circumstances.

Washington RSUs require separate questions about child-support income, property division, maintenance, and taxes. This source-backed guide separates current law from case-specific uncertainty and proposed policy ideas.

CURRENT LAW

Washington does not use one universal RSU formula. Start by identifying whether the question concerns child-support income, property division, maintenance, or taxes. RCW 26.19.071 requires consideration of income and resources and lists deferred compensation, bonuses, and capital gains among income sources.

For property division, RCW 26.09.080 directs a just and equitable distribution after considering the parties’ economic circumstances. That is a different inquiry from the income calculation used for support.

CASE LAW

In E.J.S., the published Court of Appeals held that vested and delivered RSUs were income for child-support purposes even though the shares had not been sold. The decision does not create a blanket rule for every unvested award or decide every property question.

Short supplies Washington authority on stock-option characterization and timing. Condie addresses the relationship between income used for support and contemporaneously ordered maintenance. Golden and Seshadri are unpublished and nonprecedential; they illustrate why award terms, vesting conditions, employment services, and expert evidence matter.

READ THE AWARD TIMELINE

Keep grant date, vesting date, delivery date, withholding, and sale as separate events. Vested does not necessarily mean sold, and the cash deposited after sell-to-cover may be less than the gross compensation reported through payroll.

An anonymized example: a grant may vest in four annual installments, with one unusually large installment. The records should show the grant agreement, the service period, the gross shares delivered, shares withheld, and any later sale before anyone applies a legal or tax conclusion.

POLICY PROBLEM

The difficult question is often coordination. A vesting event may be relevant to support income, property allocation, maintenance ability to pay, and tax cash flow, but those legal questions do not automatically use the same number. Washington authority is clearer for vested and delivered RSUs in support than for all unvested awards and all possible double-counting scenarios.

That uncertainty should be stated openly. It is not a reason to promise that RSUs are excluded from support or that a court must use one particular averaging method for variable compensation.

PROPOSED REFORM

Possible reform principles include a transparent award timeline, explicit treatment of unusually large vesting years, documented tax and withholding adjustments, and a record showing how the same economic value is handled across support, property, and maintenance. These are policy proposals, not current Washington law.

RCW 26.19.025 requires a child-support-guidelines review every four years. The next cycle after the prior review points to 2027, but a future bill or work-group recommendation should not be described until official materials exist.

Questions for a qualified professional

  • Which award documents establish the vesting and service conditions?
  • Which number is being used: gross compensation, taxable income, net cash, or a property value?
  • How will an unusually large vesting year be documented without assuming a result?
  • Could the same value be counted in more than one legal analysis, and what authority addresses that question?

Frequently asked questions

Are RSUs automatically excluded from Washington child support?

No. E.J.S. holds that vested and delivered RSUs are child-support income even if they have not been sold. Other awards require a fact-specific analysis.

Does vesting answer the property-division question?

No. Property division and child-support income are separate legal inquiries. Grant terms, service periods, and the statutory property factors still matter.

Why can payroll RSU income be higher than the cash received?

Shares may be withheld for taxes or sold to cover withholding before the remaining shares or cash reach the employee. Review payroll, delivery, withholding, and sale records separately.

Sources

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