Employee vs. Employer Contributions
This 401(k) plan most likely includes both employee deferrals and employer contributions. Normally, an alternate payee is entitled to a percentage of the participant’s total balance, but some divorce settlements allocate only marital contributions made during the marriage. A clear QDRO should:
- Specify whether the award includes just employee deferrals or also employer contributions
- Clarify how earnings and losses will be handled from the division date to the distribution date

