Employee vs. Employer Contributions
401(k) contributions generally come in two parts: what the employee contributes and what the employer matches. In a divorce, the QDRO can be structured to divide just the marital or community portion of the account, which typically includes contributions made during the marriage (along with investment earnings).
It’s important to clarify whether the QDRO applies to:
- Only contributions made during the marriage
- The entire balance as of a certain date
- Gains and losses after the valuation date

