Employee and Employer Contributions
Most 401(k) plans include salary deferrals made by the employee, often matched to some extent by the employer. In the case of The Fort Miller Group Incentive Savings Plan, you’ll want to be very specific in how the QDRO divides:
- Employee deferrals (money the participant contributed from salary)
- Employer matching or profit-sharing contributions
You can choose whether the division applies to just the account balance as of the date of separation (plus earnings/losses), or whether it includes later contributions accumulated during the divorce process. Be sure to define the “cutoff date” clearly in the QDRO.

