Employee vs. Employer Contributions
The account likely includes both employee salary deferrals and employer profit-sharing or matching contributions. It’s important to specify in the QDRO whether the division applies to:
- All account balances as of a certain date, including both employee and employer amounts; or
- Only a portion, such as the marital share contributed between the date of marriage and the date of separation
If you’re the alternate payee, make sure the QDRO gives you rights to the appropriate part of both employee and employer contributions.

