Employee and Employer Contributions
In most 401(k) plans, participants make contributions directly from their pay (employee contributions), while employers may also contribute via matching or other formulas (employer contributions). The QDRO must clearly state whether the division applies solely to employee contributions or also includes the employer side. If the employer contributions weren’t yet vested at the time of divorce, that could impact what is available for division.
For the The Knights of Columbus Tax Savings Investment Plan for U.s. Agents, you’ll want to:
- Use a clear valuation date—typically the date of separation or divorce judgment
- Include investment earnings or losses after that date unless both spouses agree otherwise
- Make sure to address whether the division includes vested employer contributions only or pre-vested amounts (not yet owned by the participant)

