Employee and Employer Contributions
Most 401(k) accounts consist of contributions made by both the employee and the employer. It’s important to determine:
- Which contributions are marital and therefore subject to division.
- How to handle the account’s value at date of division vs. date of distribution.
The QDRO should clearly state whether the alternate payee (typically the non-employee spouse) is receiving a percentage of the account as of a specific date, or a fixed dollar amount. At PeacockQDROs, we help you navigate this decision based on your settlement or judgment terms.

