1. Employee and Employer Contributions
Both types of contributions—those made by the employee (deferrals) and those made by the employer—can be subject to division in a QDRO. It’s essential to clarify whether the Alternate Payee is entitled to a portion of just the employee contributions, employer match, or both.
Courts will often look at what was accrued during the marriage. If the participant began contributing after the marriage or stopped before the marriage ended, this significantly affects the marital portion you’re seeking to divide.

