1. Dividing Employee and Employer Contributions
Most participants contribute to their 401(k) through payroll deductions, and their employer may provide a match as part of the total retirement savings. In a QDRO for the E2 Consulting Engineers, Inc.. Retirement Savings Plan, it’s important to specify:
- Whether the alternate payee (typically the ex-spouse) receives a portion of just the employee’s contributions, or also the vested employer contributions
- What timeframe the division covers—such as the period of marriage (date of marriage to date of separation)
You don’t want to accidentally exclude a large chunk of marital assets by omitting employer contributions, but you also need to be aware of what portion is actually vested and available for division.

