1. Contributions from Both Employee and Employer
The Sourceamerica Tax Deferred Annuity Plan, like most 401(k) plans, likely contains contributions from both the employee and the employer. During divorce, the QDRO must clearly distinguish which funds are to be divided—employee deferrals, employer matches, or both.
Typically, a QDRO will divide the “marital portion” of the balance. That’s the portion of the account earned during the marriage. If either party contributed to the plan before or after the marriage period, it’s important to define precise dates in the order to limit what’s divided.

