Employee vs. Employer Contributions
This plan likely includes both employee deferrals and employer contributions. A QDRO must specify whether the alternate payee (usually the ex-spouse) is entitled to:
- Only the participant’s elective deferrals
- Employer matching or discretionary contributions
- Or both
Failure to clarify this in your QDRO can result in disputes or delays in payment. Our recommendation is to include precise language calling out which types of contributions are included and which are not.

