Employee vs. Employer Contributions
401(k) accounts often include both employee and employer contributions. In most cases, any contributions made during the marriage—by either party—are considered marital property subject to division. The QDRO will clearly define whether both types of contributions are split, and how.
Some plans allow division based on a specific dollar amount, percentage, or the account balance as of a set date (usually the date of separation or divorce judgment). Be sure to specify the exact language to avoid misinterpretation.

