Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer matching or profit-sharing contributions. In divorce, the QDRO commonly splits either the total balance as of a certain date or just a portion based on years of marriage overlapping active participation. Make sure your QDRO clearly identifies:
- Which funds (employee vs. employer) are being divided
- Whether the award includes investment gains and losses
- The exact percentage or dollar amount awarded

