Dividing Employee and Employer Contributions
Contributions from the employee (your spouse or ex) and the employer (Ciscel corporation 401(k)) both show up in the account balance. However, they don’t always work the same way in divorce. Your QDRO should state whether the award is based on:
- A flat dollar amount
- A percentage of the participant’s balance as of a specific date
- The full account value including gains and losses up to distribution
Some people assume you can only receive money your spouse personally contributed—but that’s not true. You may be entitled to a portion of both employee and employer contributions, depending on state marital property laws and your divorce agreement.

