Employee vs. Employer Contributions
401(k) plans are often funded by both employee deferrals (pre-tax or Roth) and employer contributions. When dividing this plan, the QDRO should clearly state whether the alternate payee (non-employee spouse) is receiving a share of:
- Just the employee’s contributions
- Employer matching contributions
- Investment gains and losses on both portions
In most divorces, the agreement covers the “account as of the date of divorce,” but the language must match the records held by the plan administrator. A vague or poorly drafted QDRO can cause delays, rejections, or incorrect payments.

