Employee and Employer Contributions
401(k) plans usually include two sources of money: amounts the employee contributed (elective deferrals) and amounts contributed by the employer (such as matching or profit-sharing). Each can be treated differently in division. Your QDRO needs to specify whether you’re receiving a share of both categories or just one. In many divorces, the court will award a percentage of the total plan balance as of a certain date—say, 50% of the amount accrued during marriage. But employer contributions often come with vesting restrictions.

