1. Employee and Employer Contributions
Most 401(k) plans accept both employee contributions (salary deferrals) and employer matching or profit-sharing contributions. In divorce, the QDRO terms should specify whether the division covers:
- Only employee contributions
- All employer and employee contributions
- A fixed dollar amount or percentage of the balance as of a specific date
This plan likely includes employer matched contributions, so it’s essential to clarify your share and whether you’re entitled to any matching funds.

