Division of Contributions
Most QDROs allow for dividing both employee and employer contributions, but it’s important to specify:
- Whether the division includes just the marital portion or the full account balance
- Whether investment earnings or losses after the date of division should be included
Participants and alternate payees alike need to be clear on whether the division is a flat dollar amount or a percentage of the account as of a certain date—usually the date of separation, filing, or another fixed point in the divorce agreement.

