1. Employee and Employer Contributions
401(k) accounts are funded by both the employee (elective deferrals) and sometimes by the employer (matching or discretionary contributions). Your QDRO can limit the division to marital contributions or include the entire account value, depending on your agreement and local law.
It’s important to put clear language in the QDRO to specify:
- Which contributions are included (employee, employer, both)
- The valuation date (e.g., date of separation, divorce date)
- Whether gains and losses apply post-division

