Employee vs. Employer Contributions
This plan likely includes both salary deferrals (employee contributions) and employer matching or profit-sharing contributions. In your QDRO, you’ll need to decide:
- Whether the non-participant spouse (alternate payee) receives a share of only the employee’s contributions or also the employer’s portion
- How contributions made after separation or divorce filing should be treated
Sometimes the plan participant may argue that employer contributions were earned solely post-separation. Make sure your QDRO defines the marital portion clearly.

