1. Employee and Employer Contributions
In a 401(k) plan like this one, both the employee and employer may contribute. A typical QDRO will grant the alternate payee a percentage or fixed dollar amount of the participant’s account earned during the marriage. Make sure your order specifies whether it includes:
- Employee contributions only
- Employer matching or profit-sharing contributions
- Gains and losses earned on those contributions
If the plan includes employer contributions that are subject to vesting, that must also be considered.

