Employee and Employer Contribution Division
Most 401(k) plans allow participants to make elective deferrals (employee contributions) and also receive matching or discretionary contributions from the employer. Depending on your divorce agreement, your QDRO may divide just the marital portion of the account or a larger portion.
Make sure to identify in your marital settlement agreement if the alternate payee is receiving:
- A flat dollar amount
- A percentage of the account as of a specific date
- A percentage of the marital portion only (which typically runs from the date of marriage to the date of separation or divorce)
Failure to define these properly leads to confusion or rejection when submitting your QDRO to the plan administrator.

