Employee and Employer Contributions
Most 401(k) plans include two types of contributions: employee deferrals and employer matching. In dividing accounts, a QDRO must clarify whether the alternate payee (the non-employee spouse) will receive:
- A flat dollar amount
- A percentage of the total balance as of a specific valuation date
- A division excluding non-marital (pre-marriage) contributions
Employer contributions are subject to the plan’s vesting schedule, so not all funds might be transferable if the employee spouse hasn’t completed the required service period.

