Employee vs. Employer Contributions
In most 401(k) plans, employees make contributions directly from their paychecks, while employers may offer matching or profit-sharing contributions. During a divorce QDRO, this distinction matters. Only funds earned during the marriage—usually measured from the date of marriage to the date of separation or divorce—are considered marital property. Make sure your QDRO clearly defines what portion of the contributions (both employee and employer) are to be divided.

