Employee vs. Employer Contributions
Participants in this plan likely contributed pretax and/or Roth deferrals from their paycheck, while Standard e and s, LLC (as the sponsoring employer) may have made matching or discretionary contributions. The QDRO must specify whether the alternate payee is entitled to a portion of:
- Only the employee’s contributions
- Both employee and vested employer contributions
- All contributions, whether or not vested
Keep in mind: Alternate payees can only receive vested employer contributions. If the participant is not yet vested in employer matches, those funds may not be accessible under the QDRO.

