1. Employee and Employer Contribution Division
Most 401(k) plans like the Durwood Greene Retirement Plan include both employee and employer contributions. In a divorce, the QDRO can divide the total plan value or just the portions considered marital property. Often, only contributions made during the marriage are divided.
We recommend clarifying in the QDRO whether you are dividing:
- Only employee elective deferrals
- Employee and vested employer contributions
- Total plan value as of a specific date

