1. Dividing Employee and Employer Contributions
Most 401(k) plans include both employee salary deferrals and employer matching or profit-sharing contributions. A proper QDRO should clearly state which portions are being divided. The Trimon, Inc.. 401(k) Plan will require clarity on:
- Whether the alternate payee (usually the ex-spouse) will receive a portion of just the employee contributions or also employer contributions
- The date range being used to determine the division—often the date of marriage through the date of separation or divorce

