Employee vs. Employer Contributions
In the Kings & Convicts 401(k) Plan, both employee contributions (deferrals from paycheck) and employer contributions (matching or discretionary) may be part of the account balance. However, only the portion earned during the marriage is typically divisible as community or marital property.
When drafting your QDRO, be careful to specify:
- Whether the division includes only employee contributions or both employee and employer contributions
- The method of division—often either a percentage split or a fixed dollar amount
- Whether investment gains/losses will be included from the date of division to the date of distribution

