Dividing Employee and Employer Contributions
One of the core questions in any QDRO is how to split the account: do you use a fixed dollar amount or a percentage? In plans like this one, you must also distinguish between:
- Employee Contributions: These are usually 100% vested and available for division.
- Employer Matching or Profit Sharing Contributions: These may be subject to a vesting schedule. Only the vested portion can be divided unless otherwise negotiated in your divorce.
Make sure the QDRO specifies whether the alternate payee is receiving a share of each contribution type and what cut-off date (e.g., date of separation or divorce) should apply.

