Division of Employee and Employer Contributions
The Liongard Retirement Plan likely has both employee deferrals and employer contributions. While employees are always 100% vested in their own contributions, the employer portion may be subject to a vesting schedule. This should be clarified in the QDRO so that the alternate payee doesn’t expect a share of funds that the employee spouse hasn’t actually earned under the plan rules.
We recommend determining the marital portion based on a specific date (such as the date of separation, agreement, or judgment), and only dividing the vested balance as of that date—plus or minus gains and losses until distribution.

