Employee vs. Employer Contributions
This plan may include both employee deferrals and employer contributions such as matching funds. When drafting the QDRO, it’s important to specify whether the alternate payee is receiving a portion of:
- Only the employee’s contributions
- Only the employer’s match
- All vested amounts regardless of source
In most divorces, the agreement is to split the entire vested balance as of a certain date. However, employer contributions may be subject to vesting schedules—which leads us to the next issue.

