Employee vs. Employer Contributions
401(k) balances include both employee contributions (dollars the participant personally elected to defer) and employer contributions (such as matches or profit-sharing). The QDRO can assign division to include one or both. You’ll need to specify whether the alternate payee gets a share of:
- Employee elective deferrals
- Employer matching contributions
- Profit-sharing contributions
- All contributions and earnings up to a specific date
A clean way to handle this is to assign a percentage of the total account balance as of a certain valuation date, which can be the date of divorce, date of separation, or another agreed-upon date. You must be clear about whether pending contributions or future earnings should also be included.

