Employee and Employer Contributions
401(k) plans consist of contributions made by the employee (known as deferrals) and often, matching and profit-sharing contributions from the employer. When drafting a QDRO, be sure it specifies which types of contributions are being divided. For example:
- Only employee deferrals from date of marriage to date of separation
- Employee and employer contributions made during the marriage
- Gains and losses applied to all divided amounts
Different approaches can significantly affect the final distribution, so the language in your QDRO must reflect the intent of the court’s order — and the reality of your financial agreement.

