Employee and Employer Contributions
The 401(k) plan likely contains a mix of employee deferrals and employer matching or non-elective contributions. A QDRO should clearly define whether the division includes just employee contributions, employer contributions, or both. It must also address:
- Whether pre-marital contributions are excluded
- Date of division (usually the separation, divorce, or QDRO filing date)
- How gains and losses will be handled from the division date until payment

