Employee and Employer Contributions
This plan likely includes both employee salary deferrals (pre-tax or Roth) and employer match or profit sharing contributions. In a divorce, the QDRO must account for how each portion of the account will be divided:
- Will you divide the employee contributions only, or both employee and employer contributions?
- Are unvested employer contributions part of the marital estate?
- Was the entire balance earned during the marriage, or only a portion?
These questions matter because the plan may have specific rules about dividing only vested portions—and those rules must be respected in the QDRO.

