Dividing Employee and Employer Contributions
The May Trucking Co.. Employee Retirement Plan likely includes both employee salary deferrals and employer contributions. A typical QDRO needs to clearly specify what portion of the account the alternate payee (usually the non-participant spouse) will receive:
- Only employee contributions?
- Both employee and employer match?
- Only the balance earned during the marriage?
A skilled attorney or QDRO preparer will adjust the division formula based on marital and plan facts. Some divorcing couples divide the account as of the date of separation or date of divorce. Others choose a fixed dollar amount.

