Employee and Employer Contributions
The plan likely has both employee salary deferral contributions and employer matching contributions. The QDRO must specify whether the Alternate Payee (usually the non-employee spouse) is entitled to:
- A portion of just the participant’s contributions
- A portion of both the participant’s and employer’s contributions
This distinction is important because many employer contributions are subject to vesting schedules, meaning some amounts may not be fully owned by the participant at the time of divorce.

