QDRO Marital Share Calculator
Calculate the Marital Portion of Retirement Benefits using the Coverture Fraction
Calculation Results
Understanding the QDRO Calculation
A Qualified Domestic Relations Order (QDRO) is a legal judgment, decree, or order used to divide retirement assets during a divorce. One of the most common methods for determining the "marital portion" of a pension or defined benefit plan is the Coverture Fraction (also known as the "Majauskas" formula in some jurisdictions).
How the Formula Works
The calculation follows a specific mathematical logic to ensure that only the benefits earned during the marriage are divided between spouses. The formula is broken down as follows:
- The Coverture Fraction: This is calculated by dividing the years of participation in the retirement plan during the marriage by the total years of participation in the plan.
- The Marital Portion: The total benefit (or account balance) is multiplied by the coverture fraction.
- The Alternate Payee's Share: The marital portion is then multiplied by the agreed-upon percentage (typically 50%).
Example Scenario
Assume a participant has been in a pension plan for 20 years. They were married for 10 of those years while participating in the plan. The total monthly benefit at the time of divorce is $4,000.
- Coverture Fraction: 10 years married / 20 years total = 0.50 (or 50%).
- Marital Portion: $4,000 × 0.50 = $2,000.
- Spouse's Share (at 50%): $2,000 × 0.50 = $1,000 per month.
Important Considerations
While this calculator provides a standard estimate, QDROs are complex legal documents. Factors that can change the calculation include:
- Valuation Date: The "current value" might be calculated as of the date of separation, the date of divorce filing, or the date of the decree.
- Pre-Marital Balances: For 401(k) accounts, many courts prefer the "subtraction method," where the balance at the date of marriage is subtracted from the current balance.
- Gains and Losses: Most QDROs account for market fluctuations on the marital portion between the time of divorce and the time of distribution.
Disclaimer: This calculator is for informational purposes only and does not constitute legal or financial advice. QDRO rules vary significantly by state and specific plan requirements. Consult with a qualified attorney or QDRO specialist.