Valuation Timing: Why Dates Matter
For ESOPs like this one, stock is usually valued annually. That means the dollar value of the participant’s account will depend heavily on when the QDRO is processed and when shares are valued. If too much time passes between the divorce date and the QDRO preparation, the asset value you agreed on may look very different in the QDRO.
To avoid disputes, your QDRO should clearly define:
- The valuation date (often date of divorce, separation, or another reference date)
- How gains/losses should be handled after that date
- Whether the alternate payee (usually the former spouse) receives a fixed number of shares or a percentage of the total account

