The Split: Contributions and Earnings
Most QDROs use a percentage-based split of the participant’s account balance as of a specific date—usually the date of separation or divorce. The division includes:
- Employee contributions (always 100% vested)
- Employer contributions (vested portions only)
- Investment earnings and losses on both contribution types
The QDRO can specify whether post-divorce earnings on the alternate payee’s share will be included up to the date of distribution. This can make a noticeable difference depending on how long it takes to finalize the order.

