Employee and Employer Contributions
It’s common to divide only the marital portion of the account (typically contributions made between the date of marriage and date of separation). A clear QDRO must specify how both employee deferrals and employer contributions should be divided.
In the Support for Early Learning & Families 401(k) Plan, if employer matching or profit-sharing contributions were made, they can be allocated—provided they are vested. If they’re not fully vested, additional language may be required to exclude or conditionally award these amounts.

