Division of Contributions
In the QDRO, it’s important to state who gets how much and from which portion of the account. These plans can include:
- Employee elective deferrals, which are individual contributions made through paycheck deductions.
- Employer contributions (profit sharing), which may be subject to vesting rules.
The QDRO must be specific about dividing each type of contribution. For example, an award of “50% of the Participant’s account balance as of the date of divorce” doesn’t always cover both the employee and employer contributions. We recommend breaking down the language clearly, especially for plans with complex contribution types.

