Employee vs. Employer Contributions
The St. Croix Chippewa Indians of Wisconsin Enterprise 401(k) Plan likely includes both employee salary deferral contributions and employer matching or discretionary contributions. A QDRO can specify how each type of contribution should be divided. Generally, courts aim to divide only the portion of the account earned during marriage. If the employer match or discretionary contributions were made during that time period, they may be shared—but if they were made after separation, they may not be.

