Employee vs. Employer Contributions
401(k) plans often contain both employee deferrals and employer matching or profit-sharing contributions. It’s essential to specify in the QDRO whether both types of contributions are being divided. For the Aba Employees’ 401(k) and Savings Plan, we recommend clarity on whether the alternate payee receives:
- A portion of the total account balance (including both employee and employer funds)
- Only the employee contributions made during the marriage
- Only vested employer contributions
Be aware of contributions made after separation or divorce, as some plans allow very specific cut-off dates for calculation purposes.

