Employee and Employer Contribution Splits
A QDRO dividing a 401(k) like the Illinois Home Care Specialists 401(k) Plan must clearly state which parts of the account are being divided. That typically includes employee (the owner’s) contributions and any employer match or profit-sharing added during marriage. If the parties agree to divide only contributions made during the marriage, the order should specify a “marital coverture” formula or a dollar amount with a clear date cutoff. Make sure to state whether employer contributions are included.

