Employee and Employer Contribution Division
This plan includes both employee deferrals and employer profit-sharing contributions. Dividing these fairly involves looking at:
- What portion is marital (earned during the marriage) vs. separate (before/after)?
- Whether to divide each contribution source pro-rata or only the marital portion
- How to address service-based vesting on the employer portion
It’s especially important to clarify whether the QDRO assigns a set dollar amount or a percentage of the marital share. Pro-rata language that applies to each source ensures equitable treatment across accounts, especially when employer funds are involved.

