Employee and Employer Contributions
This plan likely includes both employee deferrals and employer matching or profit-sharing contributions. During divorce division, it’s critical to specify whose contributions are being divided—just the participant’s, or the combination of both. Unless the QDRO language explicitly includes employer contributions, they may not be divided by default.
You’ll also need a clear cutoff date. Many divorcing spouses use the separation or divorce filing date. If one spouse continues contributing after that, those post-separation contributions often remain separate property—unless otherwise noted in the QDRO.

