1. Dividing Contributions
In a 401(k) like the Herrera School Buses and Coaches, Inc.. Retirement Plan, both the employee and the employer typically contribute to the account. During divorce, both types of contributions may be divided—depending on what’s considered marital or community property under your state’s laws. Here’s what to watch for:
- Employee elective deferrals made during the marriage are usually marital property and divisible.
- Employer matching contributions may also be divisible but could be subject to vesting rules (see below).
It’s important that your QDRO specifies whether the alternate payee’s share includes earnings and losses, as this can change the total value over time.

