Employee and Employer Contribution Division
The Epic Sciences, Inc.. 401(k) Plan likely includes both employee 401(k) contributions and employer matching or discretionary contributions. When dividing these accounts, you’ll need to determine whether the alternate payee will receive a portion of:
- Only the employee’s contributions and investment earnings
- A share of employer contributions as well
- The entire account accumulated during the marriage
Many QDROs use a specific formula tied to the period of the marriage—such as “50% of the marital portion” based on contributions made between specific dates. This marital coverture formula ensures fair representation of only the assets accumulated while married.

