1. Dividing Employee and Employer Contributions
Most 401(k) plans are funded by both employee deferrals and employer matching or profit-sharing contributions. In the Acclaim Rehabilitation and Nursing Center 401(k) Plan, both sources may be included in a QDRO—depending on account value and the timing of contributions relative to the marriage duration.
It’s essential to determine whether the division will be done pro rata (a percentage of the entire balance) or by using a coverture formula (which allocates based on the portion earned during the marriage). The specific language used in the QDRO should reflect this decision clearly.

