Employee and Employer Contributions
In 401(k) plans, accounts typically hold employee elective deferrals and employer contributions. In a divorce, it’s common to divide the total balance earned during the marriage. Keep in mind that the account balance at the time of division may include both types of contributions.
The QDRO should clearly state:
- Whether the alternate payee is receiving a portion of the employee’s contributions only, or both employee and employer contributions.
- The relevant valuation and division date (often the date of separation or divorce filing).

