1. Employee vs. Employer Contributions
401(k) plans commonly include both employee deferrals (money directly from the employee’s paycheck) and employer matching contributions. Your QDRO should make it clear how these two components are to be divided. In many divorces, the marital share is calculated based only on the employee contributions and any vested employer contributions up to the date of separation or divorce.
- Unvested employer contributions may be lost unless otherwise negotiated
- Division can be a flat dollar amount or percentage of the account based on marriage duration

