Employee and Employer Contributions
In this type of 401(k) plan, contributions are typically made by both the employee and the employer. A QDRO should state whether the spouse (the “alternate payee”) will receive a share of:
- The total account balance as of a specific date
- Only the employee’s contributions
- Both employee and employer contributions
Usually, both contributions are marital property to the extent they were made during the marriage. Be cautious if the alternate payee is being awarded only a portion of the account, since failing to include employer contributions can lead to an unfair division.

