Dividing Employee and Employer Contributions
In 401(k) plans like the Patriot Development 401(k) Plan, the account typically includes:
- Pre-tax employee contributions
- Employer match or profit-sharing contributions
- Roth (after-tax) contributions, if offered
Your QDRO must spell out whether the division applies only to the employee’s contributions or includes employer contributions as well. It’s common to divide the account “as of a specific date” (often the separation or divorce filing date), and then assign a percentage or flat dollar amount.

