Dividing Employee and Employer Contributions
The most common method used in QDROs is to assign a percentage (often 50%) of the “marital portion” of the retirement account to the non-employee spouse. That portion usually includes:
- Employee elective deferrals made during the marriage
- Employer matching or discretionary contributions
- Investment gains or losses on both types of contributions
Because the Jbi, LLC 401(k) Profit Sharing Plan is a profit sharing plan, you also need to consider whether profit sharing contributions were made—and if so, how those should be divided.
It’s especially important to verify the valuation date used to determine the amount each party receives—this date should reflect the marriage timeline and may differ depending on your state or court order.

