Employee and Employer Contributions
In most 401(k) plans, both the employee and employer contribute. When drafting a QDRO for the Bert Smith Oldsmobile, Inc.. Salary Savings Plan, it’s important to identify whether the division includes:
- Only the employee contributions
- All vested employer contributions
- Any earnings or losses on both types of contributions up to the date of distribution
The QDRO must clearly state what portion the alternate payee is entitled to—this can be a flat dollar amount or a percentage of the account balance as of a specific date (often the date of separation or divorce judgment).

