1. Employer and Employee Contribution Division
Most 401(k) plans like the Dynamic Air Inc.. 401(k) Plan are funded through both employee salary deferrals and employer matching or discretionary contributions. Only those contributions made during the marriage are typically considered marital property. A well-drafted QDRO should clarify:
- Whether both employer and employee contributions are being divided
- The cut-off date for marital property (date of separation, filing, or order—depending on your state)
- Whether earnings and losses after the division date are included

