Employee and Employer Contributions
A QDRO can award a share of all contributions — both employee deferrals and employer matches — but you need to clarify this in your order. Depending on the agreement or court ruling, the alternate payee (usually the non-employee spouse) might receive:
- A flat dollar amount;
- A percentage of account balance as of a specific date; or
- A share of contributions made during the marriage only.
A well-drafted QDRO will make this distinction clear. If you’re only entitled to amounts earned during the marriage, contributions after the date of separation or divorce won’t be included.

