Employee vs. Employer Contributions
In a 401(k) plan, the participant typically contributes a portion of their salary, and the employer may match part of that contribution. A QDRO needs to specify whether the alternate payee is receiving a share of:
- Just the participant’s contributions
- Both participant and employer contributions
- A flat dollar amount or percentage
This distinction greatly affects the final payout. For the The Bay School of San Francisco Dc Retirement Plan, this decision should be carefully reviewed based on the divorce agreement and what was earned during the marriage.

