1. Employee and Employer Contribution Splitting
The Twin Oaks, Inc. Retirement Plan, being a 401(k), likely includes both employee contributions (the money the participant put in) and employer matching contributions. In a divorce, the QDRO must clearly state which portions of the account are being divided.
Some common ways to divide the account:
- A flat dollar amount (e.g., $100,000 to the alternate payee)
- A percentage (e.g., 50% of the marital portion)
- “Marital portion” typically includes contributions made between the date of marriage and date of separation

