Division of Contributions
In divorces, both employee and employer contributions can be divided—but only the vested portions of employer contributions are available to the former spouse, known legally as the “alternate payee.” Your QDRO should clearly spell out whether the division is based on a flat percentage, a dollar amount, or a specific date value.
Common methods include:
- Dividing 50% of the account value as of the date of divorce
- Dividing contributions made during marriage only
- Claiming a fixed dollar amount from the account

