Employee and Employer Contributions
Most 401(k) plans include both employee contributions (usually pre-tax or Roth) and employer matching contributions. In divorce, QDROs often specify division using either a flat percentage (e.g., 50% of account balance as of the date of separation) or a specific dollar amount.
In employer-sponsored plans like the Bryton Rmg 401(k) Plan, the employer’s contributions may be subject to vesting schedules, which we’ll explain next. It’s critical to include specific language in the QDRO about whether the division includes just the employee contributions or both employee and vested employer contributions.

