Dividing Employee and Employer Contributions
A 401(k) account typically includes contributions from both the employee and the employer. For example, your spouse may have made salary deferral contributions and also received matching or profit-sharing contributions from Gallagher Construction Co., Lp.
In a QDRO, it’s crucial to determine which contributions are marital and which are separate. Most couples divide the portion of the account earned during the marriage, known as the “marital portion.” An accurate record of start and end dates for the marriage and employment is critical here.

