1. Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer matching contributions. In a QDRO, both may be subject to division if earned during the marriage. However, pay attention to:
- When contributions were made
- Whether they fall within the marital period
- The agreed method of division (percentage vs. fixed amount)
Some parties agree to a 50/50 split of contributions made during the marriage. Others divide only vested amounts. The QDRO must be clear about these rules.

