Employee vs. Employer Contributions
The participant’s account may include both employee salary deferral contributions and employer profit-sharing contributions. Your QDRO must clearly state whether the alternate payee (typically the ex-spouse) will receive a share of:
- Employee contributions only
- Employer contributions only
- Or both
Typically, courts award a portion of the total account balance accrued during the marriage, but some agreements limit the award only to vested employer contributions or employee contributions.

