Employee & Employer Contributions
This plan likely includes both employee (pre-tax or Roth) and employer (possibly matching) contributions. During the QDRO drafting, you must specify whether the alternate payee receives a portion of:
- Only the marital portion of employee contributions
- Employer contributions if they’ve vested
- The account gains and losses over time
Be clear about the “cut-off date” (often the date of separation or divorce filing)—this will define the marital portion for many states.

