Employee vs. Employer Contributions
401(k) plans commonly include two types of contributions: those made by the employee (the participant) and those made by the employer. Depending on the timing and the divorce decree, the QDRO may assign a portion of all or just some of the employee’s total account balance. It’s important to specify whether the alternate payee will be awarded:
- A flat dollar amount
- A percentage of the account as of a specific date (commonly the date of separation or divorce)
- Pro-rata shares of investment earnings and losses after the valuation date

