1. Employee vs. Employer Contributions
Most 401(k) plans include employee salary deferrals as well as employer contributions. A QDRO can include just the employee’s contributions, or both. You’ll need to clearly define what portion the alternate payee gets. This often depends on:
- When the couple was married vs. when they separated or divorced
- The marital share of contributions and earnings
If you don’t make this clear in the QDRO, the plan administrator may delay the division or require you to resubmit.

