Employee and Employer Contributions
It’s common for QDROs to divide only the marital portion of the account—usually contributions and earnings made during the marriage. However, with 401(k) plans, employer contributions are also often involved. Be sure your QDRO specifies whether the alternate payee receives a share of:
- Employee (participant) deferrals
- Employer matches or other contributions
- Investment earnings and losses up to the date of distribution

