1. Employee and Employer Contributions
401(k) accounts typically consist of contributions made by the employee (the plan participant) and those made by the employer. In a QDRO for the Hans-mill Corp.. 401(k) Retirement Plan, the alternate payee (you or your spouse) may be entitled to a share of one or both.
Your QDRO should clearly state:
- Whether it includes both employee and employer contributions
- The date to be used for division (e.g., date of separation or date of divorce)
- Whether post-division earnings and losses should be included
401(k) plans often allow QDROs to divide the account as a percentage or dollar figure. But without a date and clear instructions, the calculation may be inaccurate.

