1. Dividing Employee and Employer Contributions
In any QDRO, it’s important to specify whether the alternate payee (usually the ex-spouse) is receiving a portion of just the employee’s contributions, or both the employee and employer’s. With the Tmi Acquisition, LLC Savings Plan, employer contributions may be subject to vesting schedules. That means the participant might not own all of the employer-funded portion at the time of divorce. Make sure your QDRO reflects this.
Some strategies include:
- Dividing only vested account balances as of a specific date
- Allocating a flat percentage or dollar amount of the total vested balance
- Determining whether both pre-tax and Roth contributions are to be split

