Employee vs. Employer Contributions
Many people assume a 401(k) account has only the money the employee put in, but that’s not always the case. The Adc Management Services Inc. 401(k) Plan likely includes both employee contributions and employer matches or other discretionary contributions. The QDRO must specify how to divide each portion.
An ex-spouse (called the “alternate payee”) is generally only entitled to the marital portion of the account. That includes the part earned during the marriage, even if the account holder continues to work after the divorce. If your divorce agreement says you’re splitting the account 50/50, make sure it’s clear whether that means all funds or just those accumulated before the cutoff date (often date of separation or divorce judgment).

