1. Dividing Employee and Employer Contributions
In a typical 401(k) like the Advanced Carrier Services 401(k) Plan, there are two main sources of account growth: employee salary deferrals and employer contributions (such as match or profit-sharing). Both types can be divided in a QDRO, but it’s important to note:
- Only marital or community property earned during the marriage is usually divided.
- Post-separation contributions are often excluded, unless the judgment specifies otherwise.
We often see QDROs that allocate a percentage (e.g., 50%) of all contributions earned during the marriage. This includes appreciation or losses on the account over time.

