1. Understanding Employee vs. Employer Contributions
In a typical 401(k) like the Savings & Retirement Plan of Delta Mold, LLC, contributions could come from three sources:
- Employee salary deferrals (pre-tax or Roth)
- Employer matching or discretionary contributions
- Investment earnings on both contributions
A QDRO can divide all sources or only specific ones. For example, some spouses may agree to split just the marital portion of the employee’s deferrals, excluding employer matches. The QDRO must clearly state what is being divided and how.

