Employee and Employer Contributions
In this type of 401(k) plan, participants often make pre-tax employee contributions, while the employer contributes matching or discretionary amounts. When drafting a QDRO for the People’s Linen 401(k) Plan, be specific about what percentage or dollar amount of the account (as of the division date) should be assigned to the alternate payee.
Make sure your QDRO includes:
- Whether the alternate payee receives a share of the employee contributions only, employer contributions, or both
- The date of division (e.g., date of separation, date of divorce, or another agreed date)
- Clarification on gains and losses from the division date to distribution

