Employee and Employer Contributions
401(k) plans are built with both employee salary deferrals and employer contributions. In a divorce, both types may be subject to division. The QDRO must clarify:
- Whether the division includes only employee contributions or also employer matches and other contributions
- The specific value date (e.g., as of the date of separation, date of divorce, or date of QDRO approval)
- Whether investment gains or losses are also divided proportionally
In the Purpose. Dignity. Action. Retirement Trust, we recommend requesting the most recent participant account statement and a summary plan description (SPD) to confirm how and when contributions are made and allocated.

