Employee and Employer Contributions
One important issue in this plan (and any 401(k)) is the separation of the employee’s contributions versus the employer’s matching or profit-sharing contributions. These can be treated differently depending on the language of your divorce decree. For example, if the plan participant made $50,000 in contributions and the employer added another $15,000 in matching contributions, the QDRO must clarify whether the alternate payee receives a portion of both—or just the participant’s portion.

