1. Employee and Employer Contributions
In most divorces, both the employee and employer contributions are divisible. A common approach is to specify either a flat dollar amount or a percentage of the account balance as of a certain date—usually the date of divorce or another court-determined “assignment date.”
Employer contributions often come with vesting rules. If the participant is not fully vested, the non-vested portion will usually be forfeited and is not divisible in the QDRO. Always confirm with the plan administrator what portion of the account is vested as of the assignment date.

