Stock Valuation Matters
Since this is a stock-based plan, the shares must be valued appropriately as of the relevant date (date of separation, date of divorce filing, etc.). Unlike publicly traded company stock, ESOP valuation typically occurs just once per year. The assigned value may be months old, which can cause disputes if values change significantly by the time of divorce filing or QDRO drafting.
Include in your QDRO which date will be used for valuation. Common choices include:
- Date of marital separation
- Date of account segregation by the administrator
The key is consistency between the judgment terms and the QDRO language. This is where an experienced QDRO attorney makes the difference.

