Employee vs. Employer Contributions
The participant (employee) typically contributes a portion of their paycheck to the plan. The company may also contribute through matching or profit-sharing. Many divorce settlements call for a portion—usually 50%—of the total account balance accrued during the marriage to be awarded to the non-employee spouse (known as the Alternate Payee).
It’s critical for the QDRO to specify whether it divides just the employee contributions or includes employer contributions. Language should also clearly define whether gains and losses are included. At PeacockQDROs, we ensure the terms are clearly written and comply with the plan’s rules.

