1. Dividing Employee and Employer Contributions
Most 401(k) plans include:
- Employee contributions —deferrals made from the employee’s paycheck
- Employer contributions —including matching and profit-sharing amounts
The QDRO must specify how these types of contributions are divided. One common method is the “marital coverture formula,” which focuses on the portion earned during the marriage. However, some couples choose a flat dollar or percentage from the total balance. We help you choose the best method based on your goals and the plan’s requirements.

