Employee and Employer Contributions
In 401(k) plans, participants typically contribute a portion of their wages, and the employer may match a percentage. The QDRO must specify whether it divides just the employee’s contributions, the employer’s contributions, or both.
If both spouses contributed marital property to the retirement account during the marriage, the QDRO should divide both sources of funds. Make sure the language in the order clearly spells this out. Otherwise, the alternate payee (the non-employee spouse) can miss out on funds they’re entitled to.

