How to Define the Division
Profits could be split in several ways. Your divorce judgment might order a flat dollar amount or a percentage of the account balance as of a specific date. Here’s what we typically recommend:
- Use specific and clear division terms – such as “50% of the vested account balance as of June 1, 2023 plus or minus investment earnings.”
- Indicate whether the “alternate payee” (non-employee spouse) will receive a pro-rata share of any future contributions made before the order is executed.
- Address how loans affect the total allocable balance – specify whether the loan is assigned only to the participant or proportionally split.

