Employee vs. Employer Contributions
One of the first steps in preparing a QDRO is determining what portion of the account is marital property. Typically, only the amounts contributed—and gains earned—during the marriage are subject to division. This may include:
- Employee salary deferrals
- Employer matching contributions
- Profit-sharing contributions
Clarifying the participant and employer contribution breakdown is essential, especially in cases where only a portion of the plan balance is subject to division.

