Employee and Employer Contributions
In most divorces, the alternate payee is assigned a portion of the participant’s 401(k) account balance accrued during the marriage. This can include both:
- Employee contributions (amount withheld from the participant’s paycheck)
- Employer matching or profit-sharing contributions
Make sure the QDRO clearly states whether the division applies to just the employee contributions or includes employer matches as well. Our firm helps you drill into these details so there’s no confusion when the administrator divides the account.

