Employee and Employer Contributions
The plan will likely contain both elective deferrals (employee contributions) and employer profit-sharing contributions. A QDRO can be drafted to split:
- Just the employee contributions
- The entire account, including employer contributions
- Only the vested portion of the account
In many divorce settlements, parties agree to divide the account as of a specific date—such as the date of separation or divorce. This can help reduce arguments over gains and losses and simplify the calculation.

