Dividing Employee and Employer Contributions
This plan likely includes both employee salary deferrals and employer-sponsored contributions. In a divorce, the QDRO can specify whether the alternate payee receives a percentage or fixed dollar amount of:
- Employee salary deferral contributions
- Employer matching or discretionary contributions
Be aware that employer contributions may be subject to a vesting schedule. The QDRO should clearly state whether only vested amounts are eligible for division and at what date the account is valued—for example, the date of divorce or another specific valuation date.

