Employee and Employer Contributions
The plan likely includes both employee deferrals (pre-tax and possibly Roth) and employer profit-sharing or matching contributions. It’s essential to specify in the QDRO which of these contribution sources are being divided. Some plans only allow division of vested balances. Others allow division of the total account as of a set date.
You and your attorney should work to determine the specific share the alternate payee is entitled to and the correct valuation date. Omitting this can delay or even void the QDRO.

