Employee vs. Employer Contributions
401(k) plans generally include both employee salary deferrals and employer contributions (often in the form of matching). The QDRO must address how each portion is divided. For example:
- Will both employee and employer contributions be split 50/50?
- Should only the marital portion (typically the amount accumulated during the marriage) be divided?
A clear breakdown avoids disputes and ensures the correct amount is transferred to the alternate payee.

