Employee and Employer Contributions
This plan likely includes contributions made by both the employee and the company (profit sharing). One critical QDRO issue is ensuring only the marital portion of the account is divided. The QDRO may specify how to divide these contributions:
- Equally (e.g., 50/50 of marital portion)
- Percentage-based (e.g., each gets a specific percentage)
- Flat dollar amount (less common, but sometimes used)
Unless stated otherwise, the QDRO should apply only to account balances accrued during the marriage and before the separation date or divorce decree.

