1. Employee and Employer Contributions
Most 401(k) plans allow employees to make elective deferrals from their salary. Employers may also provide matching or discretionary contributions. In a divorce, these contributions must be allocated properly. The QDRO can award a percentage, flat dollar amount, or fraction of the employee’s total account to the alternate payee (usually the former spouse).
It’s important to specify whether:
- Only employee contributions should be divided, or
- Both employee and vested employer contributions are included

