1. Employer and Employee Contributions
A 401(k) typically contains contributions made by the employee, as well as matching or nonelective contributions from the employer. When dividing the Retirement Plan for Scope Education Services in divorce, both types of contributions can be subject to division. However, only vested employer contributions are usually divisible.
In a QDRO, it’s common to award either a percentage of the account balance as of a particular date—often the date of separation or divorce—or a set dollar amount. A well-drafted order will also clarify earnings or losses on those amounts.

