Employee vs. Employer Contributions
401(k) plans often include contributions from both the employee (the plan participant) and the employer. The QDRO must specify whether the alternate payee will receive a share of:
- Only employee contributions
- Both employee and employer contributions
- The total balance accrued during the marriage
If the couple was married for only part of the participant’s time at the company, the division may be made based only on the marital portion (typically using a coverture formula). If the court or agreement awards a flat dollar amount, the QDRO can reflect that instead.

