Employee and Employer Contributions
One of the first questions in any QDRO is what portion of the account will be divided. In most cases, that includes retirement savings accrued during the marriage. This includes:
- Employee salary deferrals (traditional and/or Roth)
- Employer matching or profit-sharing contributions
It’s common to divide only the portion earned during the marriage, which may require a coverture formula or specific percentage. The QDRO can be written to only assign marital contributions and exclude pre-marital balances if requested.

