Employee vs. Employer Contributions
The QDRO must clearly describe how the account should be divided. One of the most common approaches is to give the alternate payee a percentage or flat dollar amount of the employee’s total account balance as of a certain date—often the date of separation, filing, or divorce judgment.
However, it’s critical to separate what portion of the total account balance came from the employee (participant’s own contributions) and what came from the employer (company match or profit sharing). Only the vested portion of employer funds can be legally assigned through a QDRO.

