1. Dividing Employee and Employer Contributions
This plan includes both employee salary deferrals and employer profit sharing contributions. In divorce, a QDRO can allocate either a flat dollar amount or a percentage of the account balance as of a specific date. It’s common to divide only the marital portion—i.e., the value accrued during the marriage.
Be clear in your QDRO whether each type of contribution is included. For example:
- Are only employee contributions being split?
- Are matching or profit-sharing employer contributions included?
- What about earnings on those contributions?

