Employee and Employer Contributions
401(k) plans are funded through:
- Employee pre-tax contributions
- Possible Roth (after-tax) contributions
- Employer matching or discretionary contributions
All of these can be divided in a QDRO, but you’ll need to specify how. You can choose to split the balance as of a specific date (such as the date of separation or judgment), or assign a flat-dollar amount. Be clear whether the QDRO covers just employee contributions, or includes vested employer contributions as well.

