Employee and Employer Contributions
401(k) plans typically include a mix of employee deferrals (voluntary pre-tax or Roth contributions) and employer matching or discretionary contributions. When splitting the Nystrom, Incorporated Employee Savings & Retirement Plan, the QDRO needs to clearly define whether the alternate payee receives a share of:
- Only employee contributions?
- All vested amounts?
- Contributions made only up to the date of separation or divorce?
Both parties should agree on the division method—either a flat dollar amount or a percentage of the account, as of a specific valuation date.

