1. Employee vs. Employer Contributions
Most 401(k) plans include:
- Employee contributions: Elective deferrals from the employee’s paycheck.
- Employer contributions: Match or profit-sharing funds added by the employer.
When drafting the QDRO, you’ll need to determine whether the alternate payee (usually the ex-spouse) receives a share of just the employee’s contributions, just employer funds, or both. Some agreements split the entire account balance on a set date (like the date of separation), while others only divide marital contributions.

