My ex never filed for ED before our divorce and never signed the separation agreement. If were to now agree to a QDRO, would market movements after the date of divorce be included? Or would market movements be included up to the date of distribution?
Whether market fluctuations are included is based on the wording of the QDRO (which is based on the agreement of the parties or the orders of the court) and is not guaranteed.
He can voluntarily agree to divide the 401(k) with a QDRO, but since you don’t have ED filed and you don’t have a signed agreement and the divorce has been entered, I would proceed carefully when dealing with him.