Employee and Employer Contributions
In most 401(k) plans like the Gjops LLC 401(k) Plan, both the employee and employer contribute to the account. During a divorce, it’s important to determine what portion of the account was contributed during the marriage—this is what the non-employee spouse can potentially claim.
Also, employer contributions may be subject to a vesting schedule (we’ll cover that below). A well-drafted QDRO should clarify whether the alternate payee (the ex-spouse receiving a share) is getting a percentage of the account as of a specific date or a dollar amount. Using a coverture formula that covers the marital portion is often appropriate.

