Employee and Employer Contributions
401(k) accounts often include two contribution sources: employee salary deferrals and employer-matching or profit-sharing contributions. A QDRO can divide all, part, or specific portions of each.
It’s crucial to clarify in the order whether the alternate payee (the former spouse) should receive a share of:
- The account balance as of a set date (commonly the date of separation or divorce)
- Any investment gains or losses after that date
- Future employer contributions made after separation (usually not included unless specified)

