Dividing Employee vs. Employer Contributions
Homer’s Tree-mendous 401(k) Plan and Trust likely contains both employee contributions (from the participant’s paycheck) and employer contributions (potential match or profit sharing). The QDRO should clearly state whether the alternate payee is entitled to a portion of each type.
It’s also critical to determine the duration of the participant’s participation in the plan during the marriage. Many couples use a coverture formula to split only the marital portion, especially if some contributions were made before or after the marriage.

