Dividing Employee and Employer Contributions
A proper QDRO clearly spells out whether the alternate payee (the spouse receiving a share of the plan) is receiving a portion of both employee and employer contributions. In most 401(k) plans, employees make their own deferrals, and employers may make matching or non-elective contributions. These amounts may be vested or not at the time of division.
Make sure the QDRO accounts for:
- Pre-marital vs. marital contributions
- Vested balances as of the division date
- Gains and losses from the division date until distribution

