Employee and Employer Contributions
In most 401(k) plans, employees make elective salary deferrals, while employers may contribute matching or discretionary funds. It’s critical to specify in the QDRO how both types of contributions should be divided. Generally, QDROs split only the account balance accumulated during the marriage, but some spouses agree to divide the full balance.
The QDRO should clarify whether:
- Only employee contributions are being divided
- Both employee and employer contributions are subject to division
- Earnings and losses should be included up to the date of distribution

