Employee vs. Employer Contributions
The participant likely contributes to the account through payroll deductions (employee contributions). The employer may also make matching or discretionary profit sharing contributions. Depending on the plan’s terms, only the vested portion of the employer contributions may be divided under a QDRO.
When drafting your QDRO, it’s important to:
- Differentiate between employee and employer contributions
- Specify whether division applies only to the vested portion or includes pending vesting
- Clarify the valuation date—often the divorce date, agreement date, or QDRO approval date

