Employee and Employer Contributions
401(k) plans typically contain both employee salary deferrals and employer matching or discretionary contributions. When dividing this plan, it’s important to specify whether the QDRO applies to:
- Just the employee’s contributions
- The employee’s and vested employer contributions
- The entire account balance, including all contributions and earnings
In most cases, the QDRO will award a specific percentage or dollar amount of the participant’s total account balance as of a specific date (usually the date of separation or divorce judgment).

