1. Employee and Employer Contributions
These plans typically consist of two components: employee contributions (amounts the participant defers from their paycheck) and employer contributions (such as profit sharing or matching funds). A QDRO must specify whether the Alternate Payee is receiving a percentage of the full account balance, only vested funds, or only pre- or post-marital contributions.
If the divorce settlement awards the Alternate Payee half of the account as of the date of separation or divorce, it’s important to clarify whether that includes both employee and employer contributions, and whether it applies only to vested amounts.

