1. Dividing Employee vs. Employer Contributions
The plan likely includes:
- Employee salary deferrals (traditional pre-tax or Roth contributions)
- Employer matching or profit-sharing contributions
It’s essential that your QDRO specifies how each of these contributions are to be divided. For example, the order can state that the alternate payee receives “50% of the participant’s total account balance as of the date of divorce, including all investment gains and losses.” Or it can carve out a specific percentage from each source of funds.

