1. Division of Contributions: Employee vs. Employer
401(k) plans generally include two types of contributions: employee deferrals and employer matching or profit-sharing contributions. The QDRO for the Tpc Qualified Plans LLC Retirement Savings Plan should clearly state whether the alternate payee is receiving a share of just the employee contributions, the employer portion, or both.
For example, you might award 50% of the marital portion of employee contributions and only vested employer contributions as of the division date. It’s critical to define the date the marital portion ends—whether it’s the date of separation, divorce judgment, or QDRO approval.

