Employee and Employer Contribution Splits
In most 401(k) plans, employees contribute a percentage of their salary, and employers may match a portion. Dividing the account in divorce means determining which portion of the balance was built during the marriage. You can divide the account using:
- Percentage method (e.g., 50% of marital portion)
- Dollar amount method (e.g., $75,000 to the alternate payee)
The QDRO should clearly define whether the division includes only the employee’s contributions or also employer matches. This is especially important if the matching funds haven’t fully vested.

