1. Employee and Employer Contributions
This plan likely includes both employee contributions (through salary deferrals) and employer contributions (matching or discretionary). During divorce, it’s essential to determine how these contributions should be divided:
- Most commonly, a QDRO will award the alternate payee 50% of the participant’s account balance earned during the marriage.
- Employer contributions may be subject to a vesting schedule—meaning only a portion might actually be available for division.

