Employee and Employer Contributions
Most 401(k) plans allow employees to make pre-tax or Roth contributions, often with employer matching. In a divorce, both the employee’s contributions and the vested portion of employer contributions may be divided. A QDRO for this plan should clearly specify:
- Whether the alternate payee (usually the non-employee spouse) is receiving a percentage or fixed dollar amount
- Whether the division includes earnings and losses after the separation or valuation date
- If employer contributions are included and to what extent they are vested

