1. Dividing Employee and Employer Contributions
Both employee salary deferrals and employer matching or profit-sharing contributions are part of this plan. The QDRO must be clear about whether it includes:
- Only employee contributions and earnings
- Employer contributions (vested and/or unvested)
- Both types
Many divorce settlements overlook this detail, but it can make a significant difference in value. If the participant received substantial company matches, that could add a large chunk to the marital pot, especially in a long-term marriage.

