Employee vs. Employer Contributions
In most 401(k) plans, contributions can include both employee salary deferrals and matching or discretionary contributions from the employer. The QDRO must spell out whether the former spouse, called the “alternate payee,” is receiving a portion of:
- Just the employee contributions (and earnings thereon)
- Both employee and employer contributions
There’s no one-size-fits-all answer. The division must match your divorce judgment, and the plan’s rules must permit the result you’re asking for. If your judgment is unclear, that’s something we at PeacockQDROs will flag and help clarify before drafting.

