1. Stock Valuation Timing
With ESOPs, the stock held within the plan is usually not publicly traded. Instead, the company obtains an annual valuation of its shares, typically as of the last day of the plan year. This valuation date determines how much each participant’s account is worth.
That means if your divorce order says the alternate payee receives 50% of the account “as of the date of divorce,” but the company’s annual valuation date is two months later, confusion may arise. Precise language must be used to align with the plan’s valuation schedule.

