Dividing Employee and Employer Contributions
The QDRO must specify how the account should be divided. Common approaches include:
- Percent or dollar amount as of a specific date (e.g., 50% as of the divorce date)
- Sharing gains and losses from the division date to the distribution date
- Splitting each contribution source (employee deferral, employer match, etc.) separately
Make sure the QDRO language clearly identifies if gains/losses are to be included. If not, disputes can arise later over what the alternate payee (typically the former spouse) is actually entitled to.

