Dividing Contributions: Employee and Employer Portions
This plan likely includes both employee pre-tax or Roth contributions and employer matching contributions. A QDRO can either split the total account balance or only apply to certain types of contributions. Pay attention:
- If you’re the alternate payee, your share may only include the participant’s vested portion of the employer contributions.
- Any non-vested employer contributions can potentially be forfeited and not included in your share.
We help clients decide whether to divide the account by a dollar amount, percentage, or formula—and we ensure the QDRO reflects exactly what should happen, depending on your divorce terms.

