Employee and Employer Contributions
The plan likely includes both employee deferrals (contributions made by the plan participant) and employer contributions. These must be carefully split in the QDRO. You’ll need to determine whether the division will be based on:
- A fixed dollar amount
- A percentage of the account as of a specific date (commonly the date of separation or divorce)
- The account balance plus or minus investment gains or losses after the valuation date
Make sure the QDRO specifies how both employee and employer pieces are divided. Vague or inconsistent language here can result in delays—or worse, rejection from the plan administrator.

