1. Employee and Employer Contributions
Most defined contribution plans like this one include both employee deferrals and employer matching contributions. The QDRO must make clear whether the alternate payee is receiving a share of:
- Just the participant’s contributions
- Participant plus all vested employer contributions
- Only the marital share of vested amounts (typically contributions and earnings accrued during the marriage)
You’ll also want the order to cut off accruals post-divorce clearly, unless the parties agree otherwise. QDROs that divide “the full account balance” without clarification could award post-divorce deposits to the former spouse.

