401(k) Plan Structure and Division Options
The Jem/spg 401(k) Plan likely includes both employee contributions (money the participant put in) and employer contributions (money the company contributed). A QDRO can be used to divide:
- Just employee contributions
- Just employer contributions (if vested)
- Both, depending on the divorce judgment or separation agreement
Most QDROs split the benefit using a percentage or fixed dollar amount as of a specific date—usually the date of separation or divorce filing.

