Employee and Employer Contributions
The participant’s 401(k) account is typically made up of two types of contributions:
- Employee Contributions: These are the amounts the employee (participant) voluntarily contributes from their paycheck.
- Employer Contributions: These include matching or profit-sharing amounts the company adds on behalf of the employee.
In most QDROs, both types of contributions are divided based on a date-of-marriage to date-of-separation formula or a flat percentage. Be sure your QDRO clarifies whether it includes just employer or just employee contributions—or both.

