Employee and Employer Contributions
401(k) accounts often include both employee contributions (money the participant voluntarily defers from their paycheck) and employer contributions (matching or profit-sharing contributions). The QDRO must clarify whether both sources are going to be shared—and if so, in what percentage or dollar amount.
Some common language used in QDROs for 401(k) plans includes:
- “The alternate payee shall receive 50% of the marital portion of the participant’s account, which includes all vested employee and employer contributions and associated earnings.”

