Employee and Employer Contributions
One of the most important factors is whether the retirement funds were earned during the marriage. Generally, only the contributions (and their investment earnings) made during the marriage are marital property. The QDRO can be written to award a percentage of the marital portion to the alternate payee. If the employee contributed before or after the marriage, the QDRO needs to define cutoff dates.
It’s also important to distinguish between the employee’s contributions and the employer’s match. Whether the employer contributions are available depends on vesting. This is addressed next.

