Dividing Employee and Employer Contributions
In a QDRO for a 401(k), you can split both the employee’s elective deferrals and the employer’s matching or profit-sharing contributions. You’ll want the order to be clear if the division includes:
- Only the participant’s contributions
- Both participant and employer contributions
- Account earnings through a specific date or until the transfer occurs
Plans like the Cafe Sevilla 401(k) Plan may have different rules about matching eligibility, so it’s crucial to clarify what’s included in the marital portion.

