Employee and Employer Contributions
401(k) plans are funded through both employee salary deferrals and employer contributions. The court order must clearly state how to divide these funds between the participant and the alternate payee (often the former spouse). Most plans will allow the division of:
- Employee contributions made during the marriage
- Employer matching or discretionary contributions
Be sure your QDRO specifies whether it includes earnings and losses from the date of separation, divorce filing, or QDRO entry—those timelines can significantly affect the payout amount.

