1. Dividing Employee and Employer Contributions
Most 401(k) plans include two types of contributions:
- Employee contributions —what the worker (plan participant) puts in from their paycheck
- Employer contributions —company match or profit-sharing amounts
In divorce, both types can be divided, but only to the extent that the amounts were made during the marriage. That’s why it’s crucial to establish clear “marital coverture dates” in the QDRO to determine what portion of the account is marital property.

