401(k) Division Options in Divorce
In most divorces, the St. Francis Yacht Club Ret. Savings Plan can be divided using either a percentage (e.g., 50% of the marital portion) or a flat dollar amount. A properly drafted QDRO will specify the amount, set a valuation date (typically the date of separation or divorce), and apply investment gains and losses.
While every case is different, here’s what we commonly include in QDROs for 401(k) plans like this one:
- Valuation date of division (e.g., date of separation)
- Percentage or dollar amount assigned to alternate payee
- Application of earnings and losses from the valuation date through the distribution date
- Split provisions for Roth vs. traditional balances
- Instructions for addressing outstanding loan balances
- Restriction on survivor benefits, if applicable

