Employee and Employer Contributions
401(k) accounts typically consist of both employee salary deferrals and employer matching or profit-sharing contributions. During a divorce, only the marital portion of these contributions is generally divisible by QDRO. Be sure the QDRO specifically defines what period of time qualifies as “marital” and whether it includes all contributions or just the vested portions.
At PeacockQDROs, we recommend clearly specifying whether the alternate payee (typically the non-participant spouse) receives a dollar amount or a percentage of the participant’s balance as of a specific date. Matching contributions may be subject to a vesting schedule, meaning not all funds may be considered divisible property.

