1. Employee vs. Employer Contributions
Divorce orders that divide 401(k) plans need to spell out which parts of the account are being divided. A QDRO for the Scitec, Inc.. 401(k) Retirement Plan may include:
- Employee contributions (pre-tax and/or Roth)
- Employer matching or discretionary contributions
- Earnings, gains, or losses on all contributions from the division date to distribution
Sometimes, parties agree to divide only the portions that were earned or contributed during the marriage. Other times, the full balance as of a specific date is divided. We help attorneys and clients craft orders that reflect exactly what was intended, without opportunity for misinterpretation by the plan administrator.

