1. Dividing Contributions: Employee vs. Employer
A participant’s account typically includes both their own salary deferrals and employer contributions. In a divorce, these contributions can be split, but the division must be clearly defined in the QDRO. You’ll also need to clarify whether you’ll apply the division only to vested amounts or include any future vesting rights.
This plan may also include profit-sharing allocations funded entirely by the employer. Whether the alternate payee (usually the non-employee spouse) receives a share of these depends on how the QDRO is written and whether those funds are vested.

