How Employee and Employer Contributions Are Handled
Most 401(k) plans, including the Bashirboyz LLC 401(k) Plan, feature both employee deferrals and employer contributions such as matching or profit-sharing. In a divorce, a QDRO can award a percentage or fixed dollar amount of the account to the alternate payee.
It’s important to clarify whether the award applies to:
- Just the employee’s contributions and earnings
- Both employee and employer contributions
- The entire vested balance as of a cut-off date or the date of divorce
This breakdown needs to be clearly spelled out in the QDRO to avoid delays or rejection by the plan administrator.

