Employee and Employer Contributions
Most 401(k) plans include both employee and employer contributions. During a divorce, only the marital portion—typically contributions made and earnings accrued during the marriage—are subject to division. This includes:
- Pre-tax traditional deferrals
- After-tax Roth deferrals
- Employer matching contributions
The QDRO must clearly define whether the division is of the total balance or just the marital portion, and also clarify if employer contributions are included.

