Employee and Employer Contribution Division
In 401(k) plans, employees make regular contributions, often pre-tax. Employers may also contribute through matching or profit-sharing formulas. A QDRO must make clear whether the alternate payee receives just the employee’s share, or also the employer match, and for what time period.
Most of the time, the court will divide only marital or community property—the portion of the account earned during the marriage. So if the employee had the Extender Express 401(k) Plan before marriage, it’s important to trace what’s marital versus separate property.

