Employee and Employer Contributions
In a 401(k) plan, contributions generally come from both the employee (via elective deferrals) and the employer (via matches or profit sharing). When dividing the Nec Group, LLC 401(k) Plan in divorce, the QDRO can be drafted so that:
- Only marital contributions (contributions made during the marriage) are divided
- Both employee and employer contributions are allocated
- A flat percentage or dollar amount is awarded to the alternate payee (usually the non-employee spouse)
It’s critical to specify what contributions are being divided and whether investment earnings/losses should be included up to the date of distribution.

