Employee and Employer Contributions
The QDRO must clearly define what portion of the participant’s total account balance is being awarded to the alternate payee (usually the ex-spouse). This includes:
- Employee deferrals (pretax and Roth)
- Employer matching or profit-sharing contributions
Many 401(k) plans like the Tractel, Inc.. 401(k) Plan separate these amounts on statements—so the QDRO should be just as precise. It’s usually best to divide the total account “pro rata,” meaning that the alternate payee receives a percentage of each account type unless otherwise agreed in the divorce.

