Employee and Employer Contributions
Like most 401(k)s, this plan likely includes both employee deferrals and employer profit-sharing contributions. When dividing the account, it’s important to understand whether the former spouse is receiving a share of the total balance, just the employee contributions, or only the marital portion.
If you’re dividing only contributions made during the marriage, the QDRO must specify appropriate dates. For example, a common formula is: “50% of the account balance accrued from [date of marriage] to [date of separation].”

