Employee and Employer Contributions
401(k) plans like the Travelers & Immigrants Aid’s Heartland Alliance for Human Needs and Human Rights Safe-harbor 401(k) Profit-sharing Plan often include both employee deferrals and employer matching. These components may be subject to different rules regarding ownership and division. When drafting the QDRO, it’s important to specify:
- Whether the division includes employee contributions only or both employee and employer contributions
- The valuation date (e.g., date of separation, date of divorce judgment, or a specific calendar date)
If the employer contributions are still subject to a vesting schedule, that brings us to the next major consideration.

