Employee and Employer Contributions
In 401(k) plans, both employees and employers may make contributions. The QDRO should clearly identify whether the alternate payee is to receive:
- A portion of just the employee’s contributions,
- A share of the employer’s contributions (if vested), or
- A percentage of the total account balance, including both.
It’s common in divorce cases to award the alternate payee 50% of the marital portion—i.e., the part of the account accrued during the marriage. However, this amount may be adjusted based on the vesting schedule or other financial considerations.

