Employee vs. Employer Contributions
Participants typically contribute pre-tax amounts to their 401(k), and employers may offer matching or discretionary contributions as well. The QDRO must specify whether the Alternate Payee (the non-employee spouse) is receiving a share of just the employee contributions or also the employer’s match.
This becomes critical if only part of the account was contributed during the marriage. If, for instance, the participant started working at Bridge diagnostics, LLC after the separation date, some or all contributions may fall outside the marital estate.

