1. Dividing Employer and Employee Contributions
A proper QDRO must clearly separate the participant’s elective deferrals (employee contributions) from any employer-matching funds. In some plans, those employer contributions are not fully “vested,” which means the employee might not get to keep all of them. A non-vested employer match is generally not divisible.
Typically, we recommend assigning a percentage or fixed dollar amount of the total account balance as of a specific valuation date (often the divorce date or another agreed-upon date). Be as clear as possible to avoid disputes or errors in administration.

