1. Allocating Contributions Between the Parties
This plan likely includes both employee deferrals and employer matching contributions. It’s common to divide just the marital portion—contributions made between the date of marriage and the date of separation or divorce. But QDROs must be written in a way that accounts for fluctuating balances, market earnings and losses, and contributions over time.
Make sure your QDRO specifies whether you’re dividing a dollar amount or a percentage, and how to treat investment gains and losses through the date of distribution.

