1. Dividing Employer vs. Employee Contributions
The Super Center Concepts, Inc. 401(k) Plan likely includes both employee salary deferrals and employer matching or non-elective contributions. When preparing a QDRO, it’s important to specify whether the division applies to:
- Just the employee’s salary deferrals
- All sources (i.e., including employer contributions)
In many divorces, the alternate payee receives 50% of the marital portion of the entire account value, including employer contributions that are vested. Clearly defining what counts as marital (e.g., contributions made between marriage and separation) is critical.

