1. Employee vs. Employer Contributions
The first step is separating what portion of the account is attributable to employee contributions (money the participant personally contributed) versus employer contributions (matching or discretionary contributions). Only the vested portion of employer contributions is eligible to be divided in a divorce.
QDROs can be drafted to award a specific dollar amount or a percentage of the marital portion, usually defined as the account balance accrued from marriage date to separation or another agreed-upon date.

