Employee and Employer Contributions
The first step is determining what percentage or exact dollar amount of the participant’s account is going to the alternate payee (typically the ex-spouse). This includes:
- Employee contributions made during the marriage
- Employer matching or discretionary contributions made during the marriage
- Earnings or losses on those amounts through the date of division and beyond
Many QDROs will use a marital coverture formula (percentage based on time married while contributing), but it must be specified clearly if you want to avoid disputes and delays.

