Employer vs. Employee Contributions
The 401(k) plan may include both employee salary deferrals and employer matching or profit-sharing contributions. During divorce, only the portion earned during the marriage—usually from date of marriage to date of separation—is considered marital property and subject to division.
QDROs must clearly state which contributions are being divided. Some divorcing couples split the marital portion 50/50, while others agree on a different percentage based on spousal support waivers, separate property claims, or other negotiation factors.

