Dividing Employee and Employer Contributions
Unlike pensions, 401(k)s are defined contribution plans. That means the account balance depends on contributions made by both the employee and often the employer. In the Harsh International, Inc.. 401(k) Plan, the QDRO needs to make clear which contributions are being divided.
- Some QDROs divide only the marital portion—typically contributions made from the date of marriage to the date of separation or divorce.
- Employer matching contributions can also be included, but only to the extent they were vested on the division date.

