1. Employee and Employer Contributions
In this plan, the participant likely contributes a percentage of their income to the 401(k), and the employer may match some portion of that. A QDRO can divide either or both of these:
- Employee deferrals (fully vested immediately)
- Employer matching contributions (may be subject to vesting)
The QDRO can spell out how to calculate the alternate payee’s share—for example, 50% of the marital portion, or a specific dollar amount. At PeacockQDROs, we help clients determine the most beneficial wording for their case.

