Employee and Employer Contributions
Contributions in a 401(k) often come from multiple sources: the employee’s own salary deferrals and the employer’s matching or profit-sharing contributions. A QDRO should specify:
- Whether it applies to only employee contributions or includes employer contributions
- The exact percentage or dollar amount being assigned to the alternate payee (the ex-spouse)
- The valuation date to determine the partition of the account (commonly the date of marital separation or divorce judgment)
Be aware that employer contributions may have a vesting schedule. If the participant is not fully vested, part of the account balance could be forfeitable—which means the alternate payee won’t receive it. The QDRO must take this into account.

