Dividing Employee and Employer Contributions
401(k) plans like the Pink Blush Maternity 401(k) Plan often include both employee deferrals and employer matching contributions. One major issue in divorce is how to divide these contributions. A QDRO can assign benefits based on:
- A flat dollar amount
- A percentage of the account as of a certain date
- A percentage plus gains and losses
It’s important to determine if employer contributions are vested. Contributions that are unvested as of the QDRO date may be forfeited, and that impacts the total value available for division.

