Dividing Employee and Employer Contributions
With a 401(k)-style plan like this one, contributions typically include amounts deferred from the employee’s paycheck and matching or profit-sharing amounts made by the employer. A QDRO may split the account based on:
- A percentage (%), such as 50% of the account as of the date of divorce
- A flat dollar amount
- Gains and losses from the division date to the date of distribution
The alternate payee may also receive a portion of employer contributions, but only if those contributions were vested on or before the date of division. Unvested contributions may be forfeited and are typically not transferable.

