1. Employee and Employer Contributions
The total account is likely a mix of employee deferrals and matching contributions from the employer. Make sure the QDRO clearly spells out whether the alternate payee is receiving a portion of:
- Only employee contributions
- Employer contributions as well
- The total account value, regardless of source
Courts often divide the total account unless the divorce agreement states otherwise. However, employer contributions may be subject to vesting, which impacts what the alternate payee is actually entitled to receive.

