Employee and Employer Contributions
This plan likely includes two types of contributions: amounts the employee directly contributed, and amounts the employer added (matching or discretionary). When dividing the account, the QDRO can include:
- A percentage or flat dollar share of the participant’s vested account balance as of a specific date (often the date of divorce)
- A share of future market gains or losses until distribution
Keep in mind that employer contributions may be subject to a vesting schedule—and that can make a big difference in what the alternate payee is entitled to receive. If part of the account isn’t fully vested at the time of division, that portion may not be included in the QDRO award.

