Employee vs. Employer Contributions
401(k) accounts include employee contributions (deferrals) and may also include employer contributions, especially in a plan with a profit-sharing feature like this one. The QDRO must specifically state whether the alternate payee is receiving a portion of:
- The total account balance (employee + vested employer contributions)
- Only the employee contributions
- Only the marital portion earned during the marriage
It’s important to determine what’s marital property and include only that in the award. At PeacockQDROs, we help you sort through these issues to get the math—and the language—right.

