Employee and Employer Contributions
This plan likely includes both employee contributions (salary deferrals) and employer contributions such as matches or profit-sharing. It’s vital to make sure the QDRO addresses whether the alternate payee will receive a share of all contributions or just the employee’s.
- If the goal is to divide the entire account balance as of a certain date, you’ll want the order to explicitly state that this includes all vested portions of employee and employer contributions.
- In some cases, parties might agree to divide only what the employee contributed. It’s up to the terms of your divorce agreement—but the QDRO will carry it out.

