Employee and Employer Contributions
In most 401(k) plans, employees contribute a percentage of their pay. Employers may match or contribute additional amounts. The QDRO must clearly define whether you’re dividing:
- Only employee contributions
- Employer contributions as well
- Both, and from what dates
Often, the division is of the account balance as of a date of separation or divorce. However, language matters. Failing to include or exclude employer contributions can dramatically impact the amount transferred.

