1. Employee and Employer Contributions
401(k) plans typically include employee salary deferrals and some type of employer contributions—either match or profit-sharing. In dividing a 401(k), your QDRO can include just the marital portion or all contributions, depending on your divorce terms.
If the employee-spouse (called the “participant”) had pre-marital contributions, we’ll use plan statements from the date of marriage and date of separation to calculate a fair marital portion. Be sure you understand what was contributed during the marriage before finalizing the QDRO amounts.

