1. Employee and Employer Contribution Divisions
Most QDROs allow the alternate payee (typically a former spouse) to receive a portion of the participant’s account as of a specific division date. This can include:
- Employee contributions (including pre-tax or Roth amounts)
- Employer contributions, if vested
Making sure both parties agree on whether to divide the account balance as of a fixed date (e.g., date of separation) or on a percentage basis is critically important. Also confirm if post-separation contributions should be included or excluded.

