Employee and Employer Contribution Division
One of the most important distinctions is separating employee and employer contributions. A QDRO should clearly state whether the division includes:
- Only contributions made during the marriage
- Contributions plus investment gains and losses
- Only vested employer contributions as of the date of division
If one party receives a specific percentage (e.g., 50%) of the account as of a certain date, investment earnings (or losses) from that date forward should typically apply unless otherwise outlined.

