Employee and Employer Contribution Division
In general, you’re only entitled to marital or community property funds—usually the contributions and growth accumulated during the marriage. The QDRO should specify whether it divides a flat dollar amount or a percentage of the account, and whether it includes investment gains and losses through the distribution date.
Pay close attention to employer contributions. If they’re not fully vested at the time of divorce, they may become forfeited or remain unavailable to the alternate payee, depending on the plan rules and the QDRO language. We always confirm vesting through direct communication with plan administrators before finalizing the QDRO.

