Division of Employee and Employer Contributions
A typical 401(k) consists of both employee elective deferrals and employer matching or profit-sharing contributions. In a QDRO, it’s crucial to specify whether the alternate payee is receiving a portion of:
- Only employee contributions
- Both employee and employer contributions
- All vested amounts as of a specific date
In many cases, the former spouse receives a percentage or flat dollar amount of the vested balance as of a certain date (often the date of separation or divorce judgment). Make sure the language in the QDRO clearly spells this out, especially for plans like Greenville Retirement Community, that could have both pre-tax and post-tax accounts.

