1. Employee and Employer Contributions
The plan likely includes both employee contributions (pre-tax and/or Roth) and employer contributions. A QDRO can divide all or a portion of the total account balance—but it must specify the scope clearly. That includes:
- Whether just employee contributions or both employee and employer contributions are being divided
- The date used for division (typically the divorce date or another specified date)
- How to credit or distribute earnings and losses on the segregated portion

