1. Determine the Marital Portion
In most states, only the portion of the account earned during the marriage is considered marital property. That means one of the first steps is calculating the “marital coverture fraction.” We break this down as follows:
- Numerator: The time the participant was in the plan during the marriage
- Denominator: The total time the participant was in the plan
We then apply that fraction to the account balance, and your former spouse is usually entitled to half of that marital portion. This must be clearly stated in the QDRO to ensure it complies with the plan’s terms.

