1. Employee and Employer Contributions
The QDRO will need to specify whether it divides the total account balance or only certain parts. Some divorcing spouses choose to divide the account “as of” a specific date (such as the date of separation or divorce filing), while others may divide only what is marital property.
Remember that employer contributions may be subject to a vesting schedule. If some of the employer’s contributions were not vested at the time of divorce, they may not be available for division.

