Employee and Employer Contributions
401(k) plans often involve both employee deferrals and employer matching or profit-sharing contributions. It’s critical to specify in the QDRO whether the alternate payee is entitled to a portion of:
- Employee contributions
- Employer contributions
- Investment earnings and losses on both
Some plans allow the QDRO to award a flat dollar amount, while others require a percentage or fraction of the account balance as of a specific date. Be sure the QDRO reflects exactly what was agreed to in the divorce judgment.

