Employee and Employer Contributions
This plan likely includes both employee salary deferrals and employer matching or discretionary contributions. That means your QDRO needs to address both sources.
- Employee contributions are usually considered marital property if made during the marriage.
- Employer contributions may be partially vested—more on that below.
- You should specify whether the alternate payee (typically the former spouse) should receive a share of the total account, or just the marital portion.

