Employee and Employer Contributions
This plan, like most traditional 401(k)s, likely includes:
- Employee Deferrals: Contributions made by the employee (participant).
- Employer Matching or Non-Matching Contributions: Contributions made by the employer, which may be subject to vesting.
In your QDRO, you must specify whether the former spouse is to receive a portion of employee contributions, employer contributions, or both. In many divorces, the division is based on the marital (or community) portion using a “coverture” formula—meaning the alternate payee receives a share based on the amount earned during the marriage.

