Employee vs. Employer Contributions
Most 401(k) plans include both employee deferrals and employer contributions. The default assumption is that retirement accounts are divided as of a certain cutoff date—often called the “date of separation” or “valuation date.” However, it’s important to distinguish between:
- Contributions made by the employee (participant)
- Employer matching or profit-sharing contributions
Your QDRO should clearly state whether it includes or excludes each of these types of contributions and the appropriate dates for valuation.

