Employee and Employer Contribution Allocations
Many 401(k) plans allow for both employee deferrals and employer-matching contributions. Your QDRO must identify whether the alternate payee (often the non-employee spouse) receives a portion of just the employee contributions—or both.
In most cases, we recommend clarifying:
- Whether employer contributions are included
- If the split is based on the total account balance as of a specific date (e.g., date of separation or divorce)
Because employer contributions often have vesting requirements, you must confirm how much of those assets were vested as of the division date.

