Employee vs. Employer Contributions
Participant accounts often include their own salary deferrals as well as employer matching or profit-sharing contributions. In a QDRO, you can choose to divide:
- The total balance as of a set date (e.g., date of separation or divorce)
- Only the employee contributions
- Only the marital portion, ignoring any post-separation contributions
The QDRO must be clear about exactly what is being divided. If the goal is an equal split of the entire marital value, you need language that reflects that—and we’ll make sure it says just that.

