Dividing Contributions: Employee vs. Employer
The G.e. Foodland Retirement Plan, like most 401(k) plans, typically consists of both employee contributions (from the participant’s paycheck) and employer contributions (match or profit-sharing). In divorce, both of these are subject to division—but only if they were earned during the course of the marriage.
The QDRO can address these in different ways:
- Percentage Approach: The alternate payee receives a percentage of the balance (e.g., 50%) as of the date of divorce or another valuation date.
- Dollar Amount Approach: A fixed amount is awarded (e.g., $75,000 from the participant’s account).

