1. Stock Valuation Timing
Stock in an ESOP like the 1st Source Corporation Employee Stock Ownership and Profit Sharing Plan is not publicly traded, which means its value is determined on an annual basis by an independent valuation. This valuation date is key to any division in a divorce. If the QDRO does not clearly identify the valuation date used to calculate the alternate payee’s share, disputes can arise over the proper amount to allocate.
To avoid this, the QDRO must state whether the division is based on the participant’s account as of the most recent valuation (for example, December 31 of the prior plan year) or another specific date. Since ESOP valuations are not updated daily like public stock prices, this detail is crucial.

