1. Employee and Employer Contributions
401(k) plans are typically funded by both employee and employer contributions. A QDRO for this plan should make clear whether the alternate payee receives:
- Only the portion contributed by the employee during the marriage;
- Employer matching contributions that were made during the marriage;
- A percentage of the total account as of a specific date (usually the date of separation or divorce filing).
Clear language is essential to avoid disputes and help the Plan Administrator interpret the order correctly.

