Dividing Employee and Employer Contributions
Many people assume a marital share means 50% of the account balance—but it’s not that simple. In this plan, contributions may include:
- Pre-tax employee elective deferrals
- Employer profit-sharing contributions
- Matching contributions
The QDRO should clearly state whether the award to the alternate payee includes only contributions made during the marriage, or the total value as of a specific date. Be clear about whether employer contributions are included, especially if they are unvested.

