Employee and Employer Contributions
This plan likely includes both employee salary deferrals and employer matches. During QDRO drafting, you’ll need to determine whether the alternate payee (usually the ex-spouse) is receiving a portion of:
- The total account balance as of a certain date
- Only the participant’s contributions
- Both participant and employer contributions
Most QDROs divide the total balance as of the marital cut-off date, often including both contributions. However, employer contributions may be subject to vesting—meaning that only a portion of the match may be available for division.

