1. Employee and Employer Contributions
The typical 401(k) plan includes two types of contributions: employee deferrals and employer matches. In divorce, these can be divided based on a flat dollar amount, percentage, or a specific date—often the date of separation or divorce judgment.
With The Early Learning Coalition 401(k) Psp, make sure to clarify whether:
- You’re dividing only employee contributions, only employer contributions, or both
- The employer contributions are fully vested or partially forfeitable
Unvested amounts should be addressed clearly. For example, a QDRO can state that the alternate payee will receive a share of the vested benefit as of a certain date, while unvested amounts remain with the participant.

