1. Employee vs. Employer Contributions
Most 401(k) plans include both employee deferrals and employer contributions. In a divorce, only the marital portion—typically contributions made and earnings accrued during the marriage—are subject to division. A QDRO can divide both employee and employer contributions, but it’s important to understand how the plan allocates matching or profit-sharing contributions. Any employer contributions made after separation or divorce may not be divisible, and pre-marriage contributions are generally off-limits unless otherwise agreed.

