Employee vs. Employer Contributions
Most 401(k) plans have two contribution sources: what the employee puts in (salary deferrals) and what the employer contributes through matching or profit-sharing. The QDRO must spell out how both types of contributions should be divided. For example:
- Should the alternate payee get a portion of just the employee contributions or the employer contributions too?
- What is the division date to be used (e.g., date of separation, divorce, or QDRO entry)?
The employer contributions are especially important if there’s a vesting schedule, which brings us to the next issue.

