Division of Employee and Employer Contributions
With 401(k) plans like the Peoples Pharmacy, Inc.. 401(k) Plan, both the employee and the employer can make contributions. Your QDRO should clearly state whether the division includes:
- Only employee contributions (elective deferrals)
- Employer matching and/or profit-sharing contributions
You also have to decide whether to divide the account as of a specific date (e.g., the date of separation or divorce filing) and whether post-division market gains or losses apply. Be very specific—ambiguity could lead to rejection by the plan administrator.

