Employee and Employer Contributions
The QDRO can specify what portion of the account the alternate payee (typically the non-employee spouse) receives—either as a flat dollar amount or a percentage of the account balance accrued during the marriage. It should address:
- Whether the award applies only to employee contributions, or also includes employer matching contributions
- Defined dates for marital coverture (e.g., date of marriage to date of separation)
Be aware: employer contributions often have a vesting schedule, which could reduce the alternate payee’s share.

