Division of Employee and Employer Contributions
Your QDRO must specify whether the division applies to the entire balance or just the employee contributions. In many cases, the order includes both employee and vested employer contributions. Make sure the draft covers:
- The total percentage or dollar amount to be assigned to the alternate payee
- Whether investment earnings or losses between the division date and distribution date apply
- Whether the split covers only vested employer contributions or all employer contributions regardless of vesting
Failure to clarify these points can lead to delays and unnecessary disputes during the distribution phase.

