A 401(k), 403(b), and similar defined contribution plan QDRO must be properly addressed in the separation agreement or Memorandum of Understanding (MOU).
Designate separate vs. marital property interests. List the valuation date and percentage or fixed dollar amount.
The valuation date is the effective date of the division and the beginning of the application of earnings.
CRS 14-10-113(5) applies if you don’t list the valuation date.
Also indicate whether or not there is a loan on the account and whether the Alternate Payee will be debited (charged) for a portion of the existing loan balance.
For efficiency purposes, get the QDRO drafted and into the Court before the Decree is granted.