Employee and Employer Contributions
Contributions come from two main sources: the employee’s salary deferrals and the employer’s matching or profit sharing contributions. In divorce, the QDRO must specify whether the alternate payee receives a share of both.
For example, if one spouse contributed throughout the marriage and the employer matched some of those contributions, the court may award a percentage of the marital portion to the alternate payee. However, not all of the employer’s contributions may be vested—especially if the employee spouse hasn’t met the service requirements.

