Employee and Employer Contributions
In most 401(k) plans, contributions include both employee deferrals and employer match or profit-sharing additions. A good QDRO must specify whether the alternate payee receives a share of:
- Only the employee’s contributions
- Both employee and employer contributions
In cases where the plan participant accreted significant benefits due to employer match, excluding that from the calculation could be costly to the alternate payee. Make sure the QDRO language specifically addresses both sources of contributions.

