Employee and Employer Contributions
This plan likely includes both employee deferrals and employer profit-sharing contributions. When a QDRO is drafted, it’s important to define whether the alternate payee (usually the non-employee spouse) will receive a portion of:
- All account balances, regardless of source
- Only employee contributions
- Only vested employer contributions
Be careful with language here. Some employer contributions may be subject to a vesting schedule and not fully owned by the participant at the time of separation or divorce.

