Employee and Employer Contributions
In most 401(k) plans, both the employee (participant) and the employer contribute. During a divorce, only the “marital portion” of the account is usually divided. That includes contributions made—and gains or losses accrued—during the marriage.
The QDRO must specify whether the alternate payee receives a percentage, fixed dollar amount, or formula-based share. At PeacockQDROs, we help clients choose the right method based on the plan administrator’s rules and the parties’ agreement.

