Employee and Employer Contributions
With most 401(k) plans, both the employee and the employer contribute to the account. During divorce, you’ll need to determine whether the order will divide:
- Only the employee’s contributions
- Employer contributions that have vested
- Both, depending on the marital portion and other agreements
The QDRO should clearly state what portion of the account is to be divided. Typically, it’s either a percentage of the account as of a specific date (like the date of separation) or a flat dollar amount. You’ll also want to outline whether investment gains or losses after that date should apply to the alternate payee’s share.

