Employee and Employer Contributions
In a 401(k) like the Epay Pooled Employer Plan, separate contributions are made by the employee and sometimes by the employer. The QDRO must specify what portion of the participant’s account the alternate payee is to receive:
- Is the alternate payee receiving 50% of the total account balance as of a certain date?
- Should the order include only the vested portion of the employer contribution?
- Does the alternate payee get a share of future gains or losses?
A precise QDRO will answer all of these questions using clear language that avoids confusion or rejection by the plan administrator.

