Employee vs. Employer Contributions
Most 401(k) plans contain a mix of employee deferrals and employer matching contributions. In the division of the Retirement Plan for Employees of the Peterson Institute for International Economics, it’s important to distinguish whether the QDRO includes just the employee contributions, or both employee and employer portions.
Be clear in the order whether:
- Only pre-marital contributions are excluded
- Employer matching contributions are included
- The alternate payee is receiving gains/losses on the award

