Employee and Employer Contributions
With the Mayor’s Youth Empowerment Program 401(k) Plan, contributions can consist of both employee (pretax or Roth) and employer-matched amounts. In a divorce, the QDRO can award a percentage (e.g., 50%) or a set dollar amount of the account balance accrued during the marriage to the non-employee spouse, known as the “alternate payee.”
When calculating the marital share, we typically look at contributions and earnings from the date of marriage to the date of separation or divorce. This is known as the coverture method. Be sure your QDRO clearly defines this time frame—it’s one of the most common areas for mistakes.

