Employee vs. Employer Contributions
This type of plan likely includes both employee contributions (pretax or Roth deferrals) and employer contributions (matching or profit sharing). The QDRO must clearly state how both are divided. Many alternate payees assume they get 50% of the balance—but if the employer contributions aren’t vested yet, that portion may not be available to split.
Make sure to confirm:
- What part of the employer contributions are vested as of your date of division
- If the plan includes employer contributions at all
- If you’re dividing by percentage, dollar amount, or a formula

