Employee and Employer Contributions
Many QDROs account for just the participant’s elective deferrals (i.e., employee contributions), but that leaves out employer contributions. In this plan, you’ll need to consider:
- Who made the contributions (employee, employer match or profit-sharing)
- When those contributions were made
- Whether those contributions are part of the marital estate
If your spouse received employer contributions after the date of separation, those may be excluded. But employer matches earned during the marriage – even if deposited later – may still be community or marital property.

