Dividing Employee and Employer Contributions
Most 401(k) plans, including the Right Intentions, Inc.. 401(k) Plan, consist of employee deferrals and employer matching or profit-sharing contributions. In a divorce QDRO, it’s common to divide the entire account based on a formula such as 50% of the marital portion. The “marital portion” typically means the amount accrued from the date of marriage to the date of separation or divorce. A solid QDRO should spell out how to calculate and divide this marital portion clearly to avoid disputes later.

