1. Dividing Employer and Employee Contributions
401(k) plans like this one often contain both employee deferrals (money the worker added from their paycheck) and employer matching or profit-sharing contributions. In divorce, you’re usually entitled only to what was earned during the marriage—so accurate division means you need participant statements showing contribution histories.
The QDRO must clearly define whether the alternate payee (usually the non-employee spouse) is receiving half of the full account balance or only the marital portion accrued during specific years.

