Employee and Employer Contributions
The QDRO must accurately state how both the employee’s (participant’s) contributions and any employer matching contributions should be divided. This includes whether the order covers just the balance at the time of divorce or account growth and loss afterward.
- Employee Contributions: These are typically considered marital property if made during the marriage.
- Employer Contributions: Only the vested portion can be awarded. It’s essential to review the participant’s vesting schedule.

