1. Dividing Employee and Employer Contributions
A QDRO can divide both employee and employer contributions. These assets typically include contributions made during the marriage, which are considered marital property in most states. For example, if the participant contributed $50,000 to the plan while married, and the employer matched $25,000, a QDRO might assign half of that combined amount to the non-participant spouse.
The order must clearly state whether it covers all contributions, only vested amounts, or just the employee portion. Make sure to review statements carefully so your order reflects reality—not assumptions.

