Employee and Employer Contributions
One of the most essential distinctions in any QDRO for a 401(k) plan is between the employee’s contributions and the employer’s. The key questions are:
- Has the participant (employee spouse) made both pre-tax and Roth contributions?
- Has the employer made matching or discretionary contributions?
The QDRO can divide all or a part of the account, including investment gains or losses from the agreed-upon valuation date. Often, the alternate payee is awarded a percentage of the plan account as of a specific date (like the date of separation or judgment), adjusted for gains or losses. This avoids the need to determine the exact dollar value on the day the QDRO is implemented.

