QDRO Preparation Worksheet

Majauskas v. Majauskas, 61 N.Y.2d 481 (1984)

Retirement benefits earned during the marriage are marital property. For pensions, New York uses the Majauskas coverture fraction: months of plan service during the marriage divided by total plan service. This worksheet computes the fraction and drafts the formula language — it does not produce a filable order. Every QDRO must be pre-approved by the plan administrator and entered by the court.

Parties & Plan

Participant (employee spouse)Alternate payee (non-employee spouse)Plan namee.g. NYS and Local Retirement System, NYC TRS, employer 401(k)Plan type

Dates & Award

Date of marriageDate divorce action commencedMarital accrual generally ends at filing.Plan entry / participation start dateService measurement dateRetirement date if known; otherwise a projected or current date to preview the fraction.Alternate payee's share of marital portion (%)50% is typical.

Worksheet Result

Complete the dates above to compute the marital share.

This tool provides estimates based on New York statutory guidelines for educational purposes only. It is not legal advice, does not create an attorney–client relationship, and is not a substitute for the official court calculators or the advice of a licensed New York attorney. Courts may deviate from guideline amounts. Verify all figures against the current statutes and official worksheets before relying on them.