Employee and Employer Contributions
Understanding who contributed what—and when—is the first step. A QDRO may allow for division based on:
- 50% of the account value on a specific cut-off date (usually the date of separation or divorce)
- A fixed dollar amount
- A percentage of only the marital contributions (excluding pre-marital savings)
The participant’s employee contributions are always 100% vested, but employer contributions may be subject to a vesting schedule. That brings us to one of the most overlooked issues.

