Employee and Employer Contributions
401(k) plans like the Joseph’s Classic Market Retirement Plan include elective employee contributions and employer matching or profit-sharing contributions. In divorce, the QDRO must specify how both types of contributions are divided:
- Should the alternate payee receive a percentage of the total account as of the date of divorce?
- Will the division include market gains or losses between the date of division and the date of transfer?
- Are any contributions non-marital (i.e., earned before marriage or after separation)?
A well-drafted QDRO will clarify these details to prevent disputes later on.

