1. Dividing Employee and Employer Contributions
A properly drafted QDRO will separate contributions into types: employee contributions (your salary deferrals) and employer contributions (matching or discretionary). Some employer contributions have vesting schedules. You might only be entitled to the vested portion of these funds as of a certain cutoff date in your divorce.
It’s critical to define whether you want to divide:
- The full account balance, including employee and employer contributions
- Only vested amounts
- Only sums accrued during the marriage (which may need a coverture formula)

