1. Employee and Employer Contributions
The Orrstown Bank 401(k) Plan probably includes both employee salary deferrals and employer matching contributions. A QDRO should clearly define whether the alternate payee (usually the non-employee ex-spouse) is entitled to all contributions or only the portion earned during the marriage.
- Tip: Include language referencing the marital portion—such as “50% of the participant’s vested account balance accrued from date of marriage to date of separation”—to ensure a fair division.

