Employee and Employer Contributions
A 401(k) plan often consists of two types of money:
- Employee deferrals—the portion the participant chose to contribute from their paycheck
- Employer contributions—often matching or discretionary contributions made by the employer
When dividing this money, the QDRO can specify a percentage or dollar amount of the total balance as of a certain date, or even just the employee contributions. A common method is a 50/50 split as of a defined valuation date. But make sure to address whether the alternate payee will share in earnings and losses after that date to avoid disputes or confusion later.

