Employee vs. Employer Contributions
401(k) plans often include both employee deferrals and matching or discretionary employer contributions. It’s essential to determine:
- Which contributions were made during the marriage (the “marital portion”)
- What percentage of the account each spouse should receive
Often, the QDRO will award 50% of the marital portion to the alternate payee, but this depends on your divorce judgment. Be specific about whether you’re dividing the pre-marital balance, marital account only, or full account—including all contributions and growth.

