These are working defaults from New York practice — not a substitute for the decree. If the judgment says something else, the judgment wins.
New York is an equitable-distribution state under Domestic Relations Law § 236(B). Retirement benefits accrued from the date of marriage through commencement of the matrimonial action (or a qualifying separation agreement) are typically marital property, including unvested rights, as directed by Majauskas and your judgment or stipulation. Separate property and the distributive percentage still depend on the record and the decree.
Accumulation of marital property generally ends at commencement of the action that results in divorce (or earlier by separation agreement). Courts may assign different valuation dates to different assets under DRL § 236(B). Many stipulations freeze a cut-off tied to commencement or an agreed date. That written date—not a generic market date—drives what is marital on DC accounts and the numerator of a Majauskas-style pension fraction.
Most New York QDROs/DROs are executed by both parties (and often notarized) before Supreme Court submission or plan pre-approval. If a party will not sign, counsel usually returns on notice or by motion for entry of the order. County e-filing versus paper practice and notice rules must be followed for the captioned case.
Defined-contribution orders commonly award a percentage or dollar amount as of the valuation/cut-off date, then adjust for gains and losses through the distribution or segregation date. Some parties instead freeze a flat dollar figure with no market adjustment—the stipulation controls. Loans, after-tax basis, and post-commencement contributions need matching language.
QDRO for ERISA plans; Domestic Relations Order (DRO) / plan-specific order for NYSLRS, NYSTRS, NYC systems, and other publics
New York statewide — NYC, Long Island, and upstate private and public plans.
Real plan and procedure traps — the reasons generic templates get rejected.
Willie has handled hundreds of QDROs, been named as a stipulated or court-appointed expert in hundreds of orders, testified as an expert witness on QDROs and state government pension survivor benefits, and taught CLEs on QDROs, legal ethics, and military pensions. He is a three-time ABA award-winning legal author and secured a victory before the North Dakota Supreme Court. Full bio →
