1. Employee vs. Employer Contributions
Most 401(k) plans are made up of:
- Employee deferrals: Contributions withheld from paychecks
- Employer contributions: Matches or profit-sharing provided by the plan sponsor
It’s essential to identify which portions are considered marital property. In many divorces, only the amounts contributed during the marriage are divided. A good QDRO specifies what part of the account is marital and how those contributions are to be split. Employer contributions often require attention to whether they were fully vested.

