1. Dividing Employee and Employer Contributions
Every participant in this plan likely has a mix of employee contributions (100% theirs) and employer contributions, which may be subject to a vesting schedule. When you’re splitting the plan, make sure your QDRO clearly outlines whether:
- The alternate payee (usually the non-employee spouse) receives a portion of each type of contribution
- The division includes only vested amounts or all contributions (which may be subject to forfeiture)
- The split covers gains and losses through a specific date (such as through the date of distribution or divorce)
It’s critical to avoid vague language like “50% of the account.” What part of the account? Pre-tax? Roth? Including match? These details can make or break your order. Mistakes here are one of the mostcommon QDRO errors we fix.

