1. Employee vs. Employer Contributions
The Dotcom Distribution Corp.. 401(k) Savings Plan likely includes both employee deferrals and employer matching contributions. A QDRO can be drafted to include just the employee’s portion, both, or a proportionate share depending on your divorce agreement. It’s also critical to consider:
- Whether the parties agreed to divide only the marital portion (typically from the date of marriage to the date of separation or divorce)
- Whether undisclosed or future contributions should be included

