Employee vs. Employer Contributions
In most 401(k) plans, participants make pretax or Roth contributions from their salary, and employers may add matching or discretionary contributions. A QDRO can divide:
- Only employee contributions
- Both employee and employer contributions
Your divorce agreement should clearly state whether the alternate payee receives a portion of just employee contributions, or a share of all contributions made during the marriage. If that’s left vague, the QDRO process can stall.

