1. Dividing Employee vs. Employer Contributions
Most 401(k) plans include two types of contributions: what the employee has deferred (“employee contributions”) and amounts the employer has added to the account (“employer contributions”). A QDRO must specify whether the division includes both types of contributions and any investment gains or losses on those amounts.
With the Kessler’s, Inc.. 401(k) Retirement Plan, if the divorce settlement calls for a 50/50 division, we need to clarify whether the percentage applies to the total account or just marital contributions made during the marriage. Documenting this clearly in the QDRO avoids costly disputes later.

