Employee and Employer Contributions
Most 401(k) plans are funded by a combination of employee salary deferrals and employer matching contributions. When dividing an account through a QDRO, it’s critical to address how both types of contributions will be split. If contributions were made during the marriage, then the marital portion typically includes:
- Employee deferrals made during the marriage
- Employer matching or profit-sharing contributions during that same period
- Earnings and gains on those amounts through the date of distribution
The QDRO must clearly state how to divide the account—either as a flat dollar amount or as a percentage of the marital portion.

