Employee and Employer Contributions
In most 401(k) plans, participants contribute pre-tax or Roth dollars from their paycheck, and employers may provide matching or profit-sharing contributions. The QDRO must specify whether it covers just the employee’s contributions or includes vested employer matches.
For the Apco 401(k) Plan, we recommend clearly stating:
- Whether the division covers contributions through a specific date (e.g., date of separation or divorce)
- Whether market gains and losses apply up to the distribution date
- Any special handling of employer contributions subject to vesting

