Employee vs. Employer Contributions
401(k) accounts typically include elective deferrals by the employee, plus employer matching or profit-sharing contributions. A QDRO should specify whether the award to the alternate payee includes:
- Only the participant’s contributions and earnings
- All sources, including vested employer contributions
It’s common for the alternate payee to receive a percentage of the full account balance as of a specific date. Be sure the QDRO reflects the correct treatment of all components.

