Employee and Employer Contributions
In most 401(k) plans—including this one—participants make pre-tax or Roth contributions from their paycheck. The employer may also make matching contributions as part of a profit-sharing component. When dividing this plan, a QDRO must specify:
- Whether the alternate payee is receiving a share of just the employee’s deferrals or also the employer contribution
- How contributions made after the separation or divorce date are to be treated
Some divorce decrees attempt blanket divisions, but that approach can leave one party short-changed. The correct wording in the QDRO is essential to ensure a fair split.

