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jkc2

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  1. I am new to this forum and need help determining how much does my ex will get in QDRO Distribution. Here is the language in our MSA according to which, she is entitled to half of portion of marital value but she is not entitled to passive gains that occurred due to premarital balance. 'The parties shall divide the amount in the 401k for husband equally and in-kind in accordance with the following: the parties shall equally divide those funds accumulated in the account between the date of marriage April 2012 to date of filing for complaint of divorce May 2014, plus or minus any market appreciation or depreciation on the aforesaid funds until the date of distribution. any contributions(including any market appreciation and/or market depreciation thereon) made my the husband to the retirement account prior to the date of the marriage and after the date of the filing of the complaint for divorce shall not be included in the portion of the plan to be equally divided by the parties.' Below are the values o​f my 401k account Value at date of Marriage:- $48812 Value at date of filing of Divorce:- $104819 Contributions made during the marriage:- $30994 Increase in Value during the marriage :- ($104819-$48812) - $ 56007 Increase in Value due to gains(not contributions) during the marriage - ($56007-$30994) = $25014 So while my Ex is entitled to Half of $30994(Contributions), she is not entitled to half of $25014. This amount($25014) has the gains also due to premarital balance. Can someone please help me provide a number which my Ex- gets and how is it calculated based on the MSA.. Thanks
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