Dividing Employee and Employer Contributions
With 401(k) plans such as the Lords and Ladys Enterprises in 401(k) Profit Sharing Plan & Trust, both the employee and employer may contribute to the account. A proper QDRO must accurately identify which portions of the account—employee contributions, employer match, or both—are to be divided.
Most often, courts divide the account using a “marital coverture” formula, which gives the alternate payee a share proportional to the time earned during the marriage. This formula usually applies to both employee and vested employer contributions, unless otherwise specified.

