Employee and Employer Contributions
Participants in this 401(k) likely receive both employee deferrals and employer contributions tied to prevailing wages. Most QDROs divide “account balances” or “marital portions,” but you need to decide if both employee and employer contributions will be included—and how.
- Are you splitting the entire account or just the part earned during the marriage?
- Do you want a flat dollar amount or a percentage of the balance as of a certain date?
These decisions are foundational to drafting an accurate QDRO. At PeacockQDROs, we review these details with each client to tailor the division terms to their divorce decree and the plan’s structure.

