1. Employee vs. Employer Contributions
The plan may consist of employee salary deferrals and employer profit-sharing contributions. A well-drafted QDRO should make clear whether the alternate payee—the ex-spouse receiving part of the benefit—is entitled to a portion of:
- Employee contributions only
- Employer contributions as well
- Gains and losses from the valuation date through distribution
Many courts will divide the total account balance unless explicitly stated otherwise, but your order must reflect this properly to avoid denial by the plan administrator.

