Employee Deferrals and Employer Contributions
Most 401(k) accounts are built from two main funding sources: the employee’s own salary deferrals and contributions made by the employer. In divorce, the QDRO can assign a percentage or dollar amount of the employee’s vested account balance to an alternate payee—usually the spouse.
It’s vital to identify:
- What percentage or dollar amount the alternate payee is supposed to receive
- As-of date for valuation (typically the date of separation or divorce judgment)
- Whether investment gains and losses after that date should apply

