Employee vs. Employer Contributions
401(k) plans contain two types of funds: what the employee puts in (contributions) and what the company contributes (matches or profit sharing). In most divorces, each spouse receives a percentage of the account balance as of a specific division date. But it’s crucial to define whether the alternate payee (the spouse receiving a benefit) is entitled to:
- Only the participant’s contributions
- Both the participant and employer contributions (including matched amounts)
If the QDRO fails to mention this clearly, the plan administrator may exclude certain funds from division. At PeacockQDROs, we work directly with clients and attorneys to avoid that mistake.Here are more common QDRO mistakes to avoid.

