Employee vs. Employer Contributions
This plan may include:
- Pre-tax employee contributions (traditional 401(k))
- Roth employee contributions (after-tax contributions with tax-free growth)
- Employer profit-sharing contributions
When drafting the QDRO, it’s important to specify whether the alternate payee will receive a portion of just the employee contributions, just the employer-funded accounts, or all components. It’s common to use a percentage of the “total account balance as of a specific date,” which generally includes all plan subaccounts unless otherwise excluded.

