Dividing Employee and Employer Contributions
The plan includes both employee contributions (which are always 100% owned by the person who made them) and employer profit-sharing contributions (which may be subject to a vesting schedule). The QDRO should clearly state whether the alternate payee is receiving a portion of total vested balances or just the marital portion.
Your divorce judgment should include a cutoff date for valuation—usually the date of separation or a specific date agreed upon. The QDRO should then divide the account “as of” that date, including investment earnings or losses afterward.

