Employee and Employer Contributions
Both spouses need to understand that the total account balance may consist of:
- Employee contributions (deferred salary)
- Employer matching or profit-sharing contributions
Each of these may have different eligibility rules for division. You’ll want to ensure the QDRO clearly outlines what percentage or dollar amount of each type of contribution the alternate payee (non-employee spouse) is entitled to receive. If the division should include gains or losses from the valuation date to the distribution date, that too must be spelled out.

