Employee and Employer Contributions
401(k) plans typically consist of contributions from both the employee and the employer. When dividing this plan in a divorce, it’s essential to clarify whether the QDRO will assign:
- A flat dollar amount
- A percentage of the total plan balance
- A percentage as of a specific valuation date (e.g., the date of separation or divorce)
The plan may also include matching or profit-sharing contributions from the employer. But these may be subject to vesting schedules—if your spouse isn’t fully vested, you may not be entitled to the entire employer contribution amount.

