1. Clearly Define the Marital Portion
Most QDROs for defined benefit plans divide benefits using the “marital coverture” formula. This means the spouse gets a share that reflects how much of the pension was earned during the marriage, not after. Here’s a typical formula:
- 50% × (Months married while participant was earning the pension ÷ Total months of pension participation at retirement)
Always specify the date of marriage and date of separation or entry of divorce judgment in the QDRO.

