Employee and Employer Contributions
This plan likely includes both employee deferrals and employer matching contributions. While the employee deferrals are fully owned by the participant, employer contributions may be subject to a vesting schedule. A good QDRO will clearly state whether and how to divide each portion.
In most cases, the QDRO should award the alternate payee a percentage of the participant’s “total account balance as of a specific date” (often the date of separation or divorce), with language that includes gains, losses, and account adjustments from that date until distribution.

