Employee Contributions vs. Employer Contributions
In this type of plan, employees contribute a portion of their pay pre-tax, while the employer may offer matching or discretionary contributions as part of a profit-sharing component. When preparing a QDRO, it’s essential to identify which portions are marital property. Typically, contributions made during the marriage (and any earnings on them) are divisible, but contributions before marriage or after legal separation usually are not.
Employers often require that QDROs clearly account for how to divide both employee and employer contributions. If the participant is not yet fully vested in employer contributions, this creates a specific challenge addressed below.

