1. Contributions: Employer vs. Employee
This type of plan likely includes both employee salary deferrals and employer contributions. Your QDRO should clearly state whether the non-employee spouse (also called the “alternate payee”) is receiving a share of:
- Only employee contributions
- Both employee and employer contributions
- Earnings, gains, and losses accrued through the date of transfer
Failure to specify these items can lead to enforcement issues and delays in processing.

