1. Employee and Employer Contributions
In most 401(k) plans, employees contribute a portion of their income, and employers may match a percentage. Determining how much of the total account balance should be divided in a QDRO often depends on when those contributions were made during the marriage.
For example:
- Only account growth accrued during the marriage is typically marital property.
- Post-separation contributions are usually not subject to division.
Make sure your QDRO specifies whether it includes all contributions through the date of separation or a fixed dollar amount or percentage.

