Dividing Employee and Employer Contributions
401(k) accounts like the Healthyu 401(k) Plan usually include both employee deferrals and employer contributions. The QDRO must clearly state which portion is being divided—pre-tax contributions, Roth contributions, employer matches, or all of the above. Most plans allow the division of the total vested account balance as of a specific cutoff date (often the date of divorce or separation).
When dividing retirement accounts, it’s important to define not just the percentage or dollar amount but the account type. At PeacockQDROs, we always clarify which sub-accounts need dividing. For example, the order may say the alternate payee will receive 50% of the participant’s vested account balance as of a specific date, including traditional and Roth 401(k) holdings but excluding any loan obligations.

