Employee and Employer Contributions
Most 401(k) plans—including those in the general business sector like Amtex machine products, Inc.. 401k plan—consist of employee salary deferrals and employer matching or discretionary contributions. In a divorce, the QDRO can divide:
- The full account balance as of a specific date (usually date of separation or divorce filing)
- Only contributions made during the marriage
- A fixed dollar amount or percentage
The key trick here is to determine how to value and split the employer contributions, which may or may not be fully vested.

