Employee vs. Employer Contributions
In QDRO drafting, contributions made by the employee and the employer are treated differently. Typically, the alternate payee is only entitled to the portion earned during the marriage. That includes a share of:
- Employee deferrals (pre-tax or Roth)
- Employer matching contributions that have vested
- Discretionary profit-sharing contributions if applicable
Any portion contributed or earned after separation may be considered the separate property of the employee-spouse, depending on your jurisdiction.

