Division of Employee and Employer Contributions
401(k) plans like the Eightfold Ai Inc. 401(k) Plan often include both employee deferrals and employer matching contributions. Your QDRO must clarify whether both components are to be divided and how. Typically, a QDRO awards:
- A specific percentage of the account balance as of a date (often the date of separation or divorce)
- Only the marital portion accrued during the marriage, excluding pre-marital contributions
Also, watch out for employer contributions that are not fully vested. Only vested funds are available to divide in a QDRO.

