1. Dividing Employer and Employee Contributions
In The Scott Fetzer Retirement Savings Plan, both the employee and the employer typically contribute to the account. A QDRO can divide only vested contributions unless otherwise agreed. Make sure your order defines clearly whether the division is based on the total account balance as of a certain date, includes future gains/losses, or excludes certain contribution types.
- If the participant has both pre-tax and post-tax (Roth) accounts, you’ll need to specify how each is to be divided.
- Be specific and refer to a clear allocation date, like the date of separation or divorce decree.

