QDRO in a self-directed plan

[cwmayhem]

What is the name of your state (only U.S. law)? IL
We were divorced in July, 2008. I filed my QDRO's right away. I have 3 plans of my own which he is to get part of. In my PSP, self-directed, he never filed, I invested some of the funds months later, under the assumption he was not going to follow through (he has a history of this).
Our decree states that the value of assets in the account at the time should be adjusted adjusted for gains, losses. But the investments in question were not in the account at time of divorce. One had gains, one had losses. Does he get the adjusted on those on these investments as well, or just his half of the cash that was in the account at the time. I want to be fair, but not stupid about this.
Thank you for your help.

 

[mistoffolees]

What is the name of your state (only U.S. law)? IL
We were divorced in July, 2008. I filed my QDRO's right away. I have 3 plans of my own which he is to get part of. In my PSP, self-directed, he never filed, I invested some of the funds months later, under the assumption he was not going to follow through (he has a history of this).
Our decree states that the value of assets in the account at the time should be adjusted adjusted for gains, losses. But the investments in question were not in the account at time of divorce. One had gains, one had losses. Does he get the adjusted on those on these investments as well, or just his half of the cash that was in the account at the time. I want to be fair, but not stupid about this.
Thank you for your help.

Start by telling us what the court order says about the plans. Word for word, but without the names.

 

[cwmayhem]

Each party shall receive 50% of marital portion of C's 401K ps plan accrued as of date of entry of judgement as adjusted gains or losses than occur thereon prior to division of same. Ex shall be responsible for preparation of necessary transfer forms to alow for divison of said funds and C shall cooperate fully as needed to facillitate same.