Employee vs. Employer Contributions
401(k) accounts often include both employee contributions (from payroll) and employer contributions (such as matching funds). The QDRO should clearly state whether the alternate payee—usually the non-employee spouse—is receiving only the employee-contributed portion, or also a share of employer contributions.
At PeacockQDROs, we recommend that clients divide all marital contributions, including employer matches that are vested as of the division date. Contributions made after divorce aren’t typically considered marital property.

