Dividing Employee and Employer Contributions
A QDRO should clearly define whether the alternate payee is receiving a percentage of the account balance as of a certain date, or a fixed dollar amount. For example, you might award 50% of the marital portion (contributions and earnings accrued during the marriage).
Employer contributions are often subject to a vesting schedule. If the participant isn’t fully vested as of the division date, the amount you might think is being divided could be reduced. Your QDRO needs to address this by stating how to handle partially vested balances and subsequent forfeitures.

