Employee and Employer Contributions
Most defined contribution plans include both employee deferred salary contributions and employer matching or profit-sharing contributions. When preparing a QDRO, you must decide whether to divide:
- Only the employee’s contributions
- Both employee and employer contributions
- Only amounts that are vested as of the date of divorce, or everything including non-vested funds
This decision heavily impacts the alternate payee’s share and should be negotiated with careful attention to the participation history and the plan’s summary plan description.

