1. Employee and Employer Contributions
In a divorce, the alternate payee (typically the non-employee spouse) may be awarded a portion of the plan based on the participant’s accrued balance as of a certain date. That balance includes:
- Employee deferrals (contributions made from the employee’s paycheck)
- Employer matching or profit-sharing contributions (if applicable)
The QDRO must clearly state whether the award includes both employee and employer contributions. Be cautious—some employers limit how vested employer contributions can be used in a QDRO.

