1. Employer vs. Employee Contributions
A solid QDRO needs to define clearly what portion of the account is being divided. Employee (participant) contributions can usually be split dollar-for-dollar or by percentage. But employer contributions often come with vesting schedules—meaning the participant might not own 100% of them yet.
If you’re dividing the plan as of a specific date, we recommend stating whether the alternate payee is entitled to all vested balances or a prorated share of employer contributions as they vest.

