1. Employee and Employer Contributions
401(k) plans are usually composed of both employee deferrals and employer matching or discretionary contributions. When writing your QDRO, it’s important to define the portion the alternate payee will receive. This can be based on a percentage of the total account balance, a specific dollar amount, or limited to amounts accrued during the marriage.
Your order should specify whether the alternate payee will share in:
- Employee contributions (always 100% vested and divisible)
- Employer contributions (subject to vesting)

