1. Employee and Employer Contributions
One key provision in your QDRO should be how to allocate contributions. The plan likely includes both employee deferrals and employer matching contributions. Divorcing spouses need to decide if the QDRO will split:
- Just the employee’s contributions
- Both employee and vested employer contributions
- The full account, subject to plan administrator calculations
Most QDROs use a proportional marital cut-off date. For example, “50% of the marital portion, defined as contributions and gains from date of marriage to date of separation.”

