1. Type of Contributions Being Divided
401(k) plans include several types of contributions:
- Employee contributions – These are the participant’s own salary deferrals.
- Employer contributions – Matching or profit-sharing amounts added by the employer.
Your QDRO must indicate whether it covers just the participant’s deferrals, the employer’s match, or both. Some agreements allocate 50% of the total account, which includes both, but others may divide categories differently. Because 401(k) plans like the Jack Phelan Chevrolet 401(k) Plan can have multiple sources of funds, this matters.

