1. Employee vs. Employer Contributions
The marital portion of a 401(k) typically includes contributions made by both the employee and the employer during the marriage. Your QDRO should clearly state whether you are dividing:
- Just the employee’s contributions (often considered separate property in some cases)
- Employee and employer matching or profit-sharing contributions
It’s common for plan administrators to ask whether the percentage division applies to all sources in the account. If the QDRO isn’t clear, it may be rejected or implemented in an unexpected way.

