Employee and Employer Contributions
401(k) plans typically include both employee salary deferrals and employer contributions (often in the form of matching or discretionary contributions). Your QDRO should state clearly whether both types of contributions are to be divided. It should also address:
- Division of pre-tax vs. Roth contributions
- Whether earnings and losses are included through the date of distribution
If you’re the alternate payee (non-employee spouse), confirm whether you’ll receive a flat dollar amount or a percentage of the account balance. Percentage divisions should specify a cutoff date—for example, “50% of the account balance as of the date of divorce, plus or minus gains and losses to the distribution date.”

