1. Division of Contributions
This plan likely includes both employee (participant) and employer contributions. In divorce, the QDRO usually divides the total account balance earned during marriage. However, employer contributions may be subject to vesting schedules. If the participant isn’t fully vested, a portion of the employer match might be forfeited—and therefore not available to the alternate payee.
Make sure your attorney or QDRO expert includes clear language about:
- Whether post-separation contributions should be excluded
- How in-service withdrawals or distributions are treated
- Any plan loans and who is responsible for repayment

