Employee and Employer Contributions
Many 401(k) plans include both contributions from the employee and matching contributions from the employer. In a QDRO, it’s important to clearly state whether the alternate payee is receiving a share of just the employee’s contributions, or both employee and employer contributions. You can typically divide:
- A fixed dollar amount
- A percentage of the account balance as of a specific date (e.g., date of marriage, date of separation, or date of divorce)
Be aware—contributions made after the marital cutoff date are often excluded, unless otherwise agreed upon or ordered by the court.

