Employee vs. Employer Contributions
With most 401(k) plans, both the employee (participant) and employer make contributions. It’s common for a QDRO to award the alternate payee a portion of the “marital share”—typically determined from the date of marriage to the date of separation or divorce. But it’s important to specify whether the alternate payee gets a share of:
- Employee contributions only
- Employer contributions
- Both
Contributions made after separation may or may not be included, depending on the divorce terms. Be precise in your language, or the plan administrator may reject the QDRO.

