Employee vs. Employer Contributions
In most 401(k) plans, employees contribute their own deferrals, and employers may match those contributions to some degree. In a divorce, both sources can be divided—unless restricted by vesting rules (more on that below).
A well-drafted QDRO for the American Public Health Association Defined Contribution Retirement Plan must clarify whether the alternate payee is receiving:
- A fixed percentage or dollar amount of the account;
- Only the employee’s contributions;
- Both employee and vested employer contributions;
- Any earnings or losses on the allocated amount after the division date.

