Employee and Employer Contributions
401(k) plans generally consist of both employee deferrals and employer matching or profit-sharing contributions. In a divorce, both types of funds can be subject to division unless otherwise agreed or ordered by the court.
The QDRO can be structured to award a percentage or flat dollar amount of the total account as of a specific valuation date—often the date of separation, filing, or another agreed-upon date. It’s important to clarify whether earnings and losses after that date should be included.

