Employee vs. Employer Contributions
One of the biggest areas of confusion in QDROs for 401(k) plans is what’s included in the marital share. Usually, all contributions made during the marriage—both employee deferrals and employer matches—are considered marital property.
However, remember that:
- Not all employer contributions may be vested (see next section).
- The QDRO needs to clearly specify how contributions are to be divided—by fixed dollar amount, percentage, or marital coverture formula.

