1. Employee and Employer Contributions
This plan likely includes both employee contributions (direct deposits from the employee’s paycheck) and employer contributions (matching or discretionary amounts provided by the company). When preparing a QDRO, it’s crucial to identify:
- The exact cutoff date for the division—often the date of separation, divorce filing, or final judgment
- Whether employer contributions have vested or if they’re still subject to a schedule
- If post-divorce contributions should be excluded from division
We often recommend using a clear phrasing such as: “All contributions and earnings from the date of marriage to the date of separation.” But this depends on your state’s divorce laws and what’s agreed upon in the divorce judgment.

