Dividing Employee vs. Employer Contributions
Unlike pensions, 401(k) plans typically include both employee deferrals and employer matching or profit-sharing contributions. These can be subject to different treatment in a QDRO, depending on their vested status, dates of contribution, and whether they were earned during marriage.
When drafting a QDRO for the Cardiovascular Anesthesiologist, P.c. 401(k) Retirement Plan, the key is defining the marital portion —usually contributions made during the marriage. You can divide the account using a flat dollar amount or a percentage of the balance as of a specific date (often the date of separation or date of divorce).

