1. Division of Employee and Employer Contributions
In most 401(k) plans, the participant’s deferrals (employee contributions) and the match or profit-share amounts (employer contributions) are held in a single account—but they are accounted for separately. Your QDRO should specify whether the alternate payee is receiving a percentage or flat dollar amount, and whether that applies to:
- Just employee contributions
- Employee and employer contributions
- Investment earnings and losses
If not specified, the plan may interpret the order differently from what the parties intended.

