Employee and Employer Contributions
In most 401(k) plans, contributions come from two sources: the employee and the employer. An alternate payee is generally entitled to a portion of both sources as of the date of divorce. But you need to clearly determine:
- The percentage or fixed amount being awarded
- Whether the division includes earnings and losses from the divorce date to the date of account division
- How employer contributions (including matching) are treated
It’s critical to specify these items in the QDRO to avoid disputes or misinterpretations.

