Division of Employee and Employer Contributions
A QDRO must clearly state whether the alternate payee is receiving:
- A fixed dollar amount
- A percentage of the account as of a specific date (typically the date of separation or divorce)
Both employee deferrals and employer matching contributions can be included, but a key factor is the vesting schedule for employer contributions, especially in business entity plans like this one. If employer contributions are not fully vested at the time of division, those unvested amounts cannot be assigned in the QDRO.

