Employee and Employer Contributions
401(k) plans include contributions from the employee (their salary deferral) and potentially matching or profit-sharing contributions from the employer. One of the key QDRO decisions is whether the alternate payee (typically the ex-spouse) will receive a portion of just the participant’s contributions, or also the employer match.
Some common approaches include:
- A flat dollar amount
- A percentage of the account as of a specific date (usually the date of separation or divorce)
- A formula based on the length of the marriage overlapping with plan participation (a coverture formula)

