Employee and Employer Contributions
401(k) plans typically include both employee contributions (money the employee voluntarily defers from their paycheck) and employer contributions (often matching funds). In many divorces, the QDRO awards the alternate payee a percentage or fixed amount of the vested portion of the account. Make sure to:
- Distinguish clearly between employee and employer contributions
- Include only those contributions made during the marriage, unless otherwise agreed
- Specify whether gains and losses after the division date apply

