1. Employee and Employer Contributions
It’s important to determine which contributions are subject to division. 401(k) plans often include:
- Employee salary deferrals
- Employer matching contributions
- Employer discretionary contributions
The QDRO should specify whether all types of contributions during the marriage should be divided or if only employee contributions are to be shared. This decision can make a significant financial difference, especially if the participant received generous employer matching or profit-sharing contributions.

