Employee vs. Employer Contributions
Most 401(k) accounts include a combination of employee deferrals and employer contributions. The QDRO needs to carefully address:
- Whether the alternate payee receives a portion of employer contributions
- How matching or profit-sharing contributions will be divided
- Whether contributions made after the date of separation are excluded
In cases involving this plan, it’s typical to divide only those contributions that were made during the marriage, but that depends on your state law and divorce agreement.

