Neptune logoNeptune

For Alloy employees

Stock options in a private company add layers that most prenup templates do not cover

Alloy grants stock options, not RSUs. That means your equity has a strike price, an exercise decision, tax implications that vary by option type, and no public market to set a daily value. A prenup can address all of these dimensions clearly before they become complicated.

Start your prenup

Flat fee of $5,000 per couple. No payment to get started.

Scenario by scenario

Where your options fall on the complexity spectrum

Stock options create different prenup considerations depending on when they were granted, when they are exercised, and whether a liquidity event occurs. Here is how each scenario looks.

1 Straightforward

Options granted before marriage, exercised before marriage

Shares you hold outright before the wedding are generally your pre-marital property. The key question is how growth in value after the wedding date is treated. Your attorney can help you address this clearly.

2 Gray area

Options granted before marriage, exercised during marriage

The option was earned before marriage, but exercising it (paying the strike price) during marriage can create complexity. Rules differ by state, and your attorney can review how the timing of exercise versus the timing of the grant affects characterization.

3 Complex

Options granted during marriage, not yet exercised

Options that vest during a marriage may be treated differently depending on where you live. A prenup can describe how these are handled, whether they remain unvested at the time of the agreement or vest later.

4 Highest complexity

Potential liquidity event converts options to tradable shares

If Alloy eventually goes public or is acquired, your illiquid options may convert to tradable shares. A prenup established now can address both the current illiquid state and what happens if a liquidity event occurs during the marriage.

Exercise decisions

What makes stock options different from RSUs in a prenup

Unlike RSUs, which vest and appear in your brokerage account automatically, stock options require you to decide when and whether to exercise. That decision has financial, tax, and prenup implications.

Strike price and exercise cost

Stock options require paying the strike price to convert them into shares. For early employees, this can be a substantial sum. A prenup can address how exercise costs are treated, whether they come from joint funds or individual savings, and how that affects ownership.

ISO versus NSO tax treatment

Incentive stock options (ISOs) and non-qualified stock options (NSOs) have different tax consequences when exercised. A prenup can acknowledge these differences and describe how tax obligations from exercising are allocated between partners.

The 10-year exercise window

Alloy offers a 10-year post-termination exercise window, which is notably generous. This means options may remain exercisable long after employment ends, extending the timeline over which exercise decisions intersect with a marriage.

Valuation without a public market

Alloy is privately held, so there is no daily stock price. Options may be valued using the most recent 409A fair market value, the latest fundraising valuation, or a framework agreed upon in the prenup itself. Your attorney can help you think through which approach makes sense.

A couple walking together outdoors

How it works

From guided intake to signed agreement

Describe your option grants in plain language

Neptune's guided intake covers ISOs, NSOs, strike prices, vesting schedules, and exercise history. No legal jargon required.

Each partner gets their own attorney

Neptune connects each partner with a separate, licensed attorney for a free consultation. Independent counsel supports a fair agreement.

An agreement shaped by your actual equity

Your attorney prepares a prenup that reflects your specific option grants, exercise timeline, and the private-company context. Turnaround is typically around 3 to 4 weeks when both partners use Neptune attorneys.

Start your prenup

Transparent pricing

One flat fee covers both attorneys

No hourly billing, no surprise invoices. Neptune charges a single flat fee that covers your drafting attorney and your partner's reviewing attorney.

$5,000

per couple, total

Drafting attorney $3,000
Reviewing attorney $2,000

No payment to get started. Rush pricing applies when the wedding is within 45 days.

Questions from Alloy employees

How are stock options valued in a prenup when there is no public market?

Since Alloy is privately held, there is no public share price. Common approaches include using the most recent 409A fair market value, the company's last fundraising valuation, or agreeing on a valuation framework in the prenup itself. Your attorney can help you decide which method fits your situation.

What if Alloy goes public or is acquired after we marry?

A liquidity event (IPO, acquisition, or secondary sale) can convert illiquid options into tradable shares or cash. A prenup can address how this conversion is treated depending on when options were granted and when the event occurs. Rules differ by state, and your attorney can review what applies where you live.

Should I exercise my options before getting married?

Whether to exercise before marriage is a financial and tax decision, not just a legal one. Exercising before marriage clarifies ownership, but it also requires cash and may trigger tax events. A prenup can address your options regardless of when you exercise, so this decision does not need to be rushed. Discuss the trade-offs with your attorney and a tax advisor.

What about refresh grants I receive during the marriage?

New option grants received after marriage may be treated differently than pre-marital grants. Rules differ by state, and your attorney can review what applies where you live. A prenup can describe how future grants are categorized.

What does it cost and how long does it take?

Neptune charges a flat fee of $5,000 per couple, which covers two independent attorneys (one for each partner). No payment is required to get started, and consultations are free. Turnaround is typically around 3 to 4 weeks when both partners use Neptune attorneys. Rush pricing applies when the wedding is within 45 days.