1. Employee vs. Employer Contributions
This plan includes both elective employee deferrals and employer profit-sharing contributions. In divorce, it’s important to specify whether the alternate payee is receiving a share of contributions made before and after separation, and whether employer contributions are included.
An experienced QDRO lawyer will help clarify:
- How much of each account type is included
- Whether employer contributions are considered separate or marital property
- If income/losses apply through date of distribution

