Employee and Employer Contributions
The Varsity 401(k) Plan likely includes both employee deferrals and employer contributions. It’s critical to define in the QDRO whether the alternate payee (usually the non-employee ex-spouse) is receiving a percentage of:
- The total account balance as of a certain date
- Only the employee’s portion (excluding employer contributions)
- A time-based allocation during the years of marriage
The default assumption in many courts is to divide only the marital portion, but the plan won’t do that automatically unless your QDRO spells it out clearly.

