1. Dividing Employee and Employer Contributions
The Orchard Machinery Corp.. 401(k) Plan likely includes both employee salary deferrals and employer matching or profit-sharing contributions. When drafting your QDRO, it’s important the order specifies whether the alternate payee is receiving:
- A percentage or fixed amount of the total 401(k) account
- Only marital contributions (e.g., the portion earned during the marriage)
- Employee contributions only, or both employee and employer funds
Each distribution option may result in different tax treatments and balances, so clarify these choices in the court agreement first before preparing the QDRO.

