Dividing Employee and Employer Contributions
One of the core components of a 401(k) QDRO is determining what portion of the account the alternate payee (usually the non-employee spouse) should receive. The New England Historic Genealogical Society Defined Contribution Plan includes both employee deferrals and potentially matching employer contributions. It’s essential to draft the QDRO to cover both types if appropriate under your divorce terms.
In some cases, the agreement may only divide the account as of the date of separation or divorce filing, while in others, it may include investment gains and losses through the date of distribution. Failure to specify this clearly in the QDRO can lead to overpayment or underpayment.

