Employee vs. Employer Contributions
401(k) plans include both employee deferrals and employer contributions. In divorce, the default approach is usually to divide only the marital portion of the participant’s account. That can include salary deferrals, matching contributions, and profit-sharing amounts made during the marriage. A common method is to award the alternate payee 50% of the balance accrued between date of marriage and date of separation.
Make sure your QDRO clearly defines which contributions are included—and whether any contributions made after separation should be excluded. At PeacockQDROs, we help you make those fine distinctions based on your divorce decree.

