1. Employee and Employer Contribution Divisions
It’s essential to distinguish between contributions made by the employee (the plan participant) and those made by the employer, especially when figuring out what was earned during the marriage. Some employer contributions may not be fully vested, and a QDRO can only assign vested benefits.
Make sure your QDRO specifies whether both types of contributions are to be divided and what cutoff date applies. If you’re dividing only what accrued during the marriage, use a specific valuation date such as the date of separation or divorce filing.

