Employee vs. Employer Contributions
In most 401(k) plans, account balances include both employee contributions (the participant’s direct contributions from their paycheck) and employer contributions (such as matching or profit-sharing). A QDRO must specify how both types of contributions are to be divided. For example, should the alternate payee receive 50% of the total account, including employer contributions, or only a portion of the employee’s contributions made during the marriage? These distinctions need to be clear.

