1. Dividing Employee and Employer Contributions
In most divorces, the non-employee spouse is entitled to a portion of the account balance earned during marriage. This includes:
- Employee salary deferrals (pre-tax and/or Roth)
- Employer matching or profit-sharing contributions
The QDRO must clearly define how these contributions are divided, including whether the split is a flat dollar amount or percentage, and how to handle earnings or losses on that share between the division date and distribution.

