Employee and Employer Contributions
In most 401(k) plans, both the employee and employer make contributions. A typical QDRO awards the alternate payee (usually the non-employee spouse) a percentage or dollar amount of the total account as of a specific date, such as the date of separation. However, you must verify whether you are dividing only employee contributions or both employee and employer contributions. This decision may be guided by divorce law in your state and the terms of the divorce judgment.

