1. Employee and Employer Contributions
In this type of retirement plan, both employee salary deferrals and employer contributions are typically included. However, only vested amounts are subject to a QDRO. That means it’s critical to confirm the vesting schedule and the participant’s vested balance as of the marital cut-off date (e.g., date of separation or date of divorce, depending on your state).
Tip: You can divide the account either as a fixed dollar amount or as a percentage of the total account balance as of a specific date. Both approaches are valid, but percentages are generally preferred for maintaining tax-deferral status during market fluctuations.

