Employee vs. Employer Contributions
Participants in a 401(k) contribute a portion of their paycheck to the plan (these are employee contributions), and employers may offer matching contributions. A QDRO can be structured in several ways:
- By percentage (e.g., 50% of the account balance as of a certain date)
- By dollar amount (e.g., $75,000)
- Including or excluding employer contributions
Make sure the QDRO clearly states whether it applies to both employee and employer funds—and what to do about contributions added after the date of division.

