Employee and Employer Contributions
In a 401(k) plan like the West Pac-stone Employee Retirement Plan, both employee deferrals and employer-matching contributions may exist. The QDRO must clearly state whether the alternate payee receives a portion of:
- Just the participant’s deferrals
- Both employee and employer contributions
Make sure to specify if the division is based on the account balance as of a certain date (e.g., date of separation, marriage date to separation, or date of divorce) and whether investment earnings or losses are included from that date to the date of distribution.

