1. Employee and Employer Contributions
This plan allows for both employee and employer contributions. Only the earned and vested portions during the marriage are typically divisible. It’s important to identify:
- Which contributions were made during the marriage
- What portion is non-marital (before marriage or after separation)
- Which amounts are vested and which are not
The QDRO should clearly state whether the Alternate Payee is entitled to gains and losses, and for what time frame. We recommend matching the division method to the divorce judgment language—whether that’s a percentage, dollar amount, or formula.

