1. Employee and Employer Contributions
Most 401(k) plans are funded through both salary deferrals by the employee and matching or profit-sharing contributions from the employer. In your QDRO, you must decide whether the division includes:
- Only the employee’s contributions
- Both employee and employer contributions
- Gains and losses from the date of marriage or a specific date to the time of distribution
The issue of when contributions were made (before or after marriage) is also important, especially in states that follow community property laws. Create clear date ranges in your QDRO instructions.

