Division of Employee and Employer Contributions
The Spectrum Generations 401(k) Plan likely includes both employee deferrals (what the employee puts in) and employer contributions (company matches or profit sharing). A QDRO must state whether it divides just the employee contributions or includes employer monies as well. This is especially important since employer contributions could be subject to a vesting schedule.
If you’re receiving a portion of the account, make sure your QDRO includes:
- A clear division date—often the divorce date or another agreed valuation date
- Language about whether earnings and losses are included after the division date
- Whether the alternate payee is receiving a flat dollar amount or percentage

