Employee vs. Employer Contributions
This plan likely includes both employee deferrals and employer contributions. In a QDRO, you can decide whether the alternate payee—the spouse receiving a share—gets a portion of:
- The full account including both employee and employer contributions
- Only the employee contributions made during the marriage
- Any growth on those contributions
The QDRO must be very clear on how these divisions are handled. Many plans have employer contributions subject to vesting schedules, which leads us to the next point.

