Employee and Employer Contributions
401(k) plans typically include contributions made by the employee themselves as well as matching or profit-sharing contributions from the employer. When drafting the QDRO, it’s important to account for both types of contributions—especially since employer contributions may be subject to vesting rules.
You’ll need to decide whether the alternate payee (usually the ex-spouse) is entitled to:
- A fixed dollar amount
- A percentage of the account balance as of a specific date (often the date of separation or divorce)
- A percentage of only the vested portion of the account

