1. Employee and Employer Contributions
401(k) plans often include both employee deferrals and employer matching or profit-sharing contributions. In a divorce, the QDRO can assign a share of either or both types of contributions to the non-employee spouse, also known as the “Alternate Payee.”
However, only the amounts earned during the marriage are typically considered marital property. If the account includes pre-marital contributions or post-separation contributions, those can sometimes be excluded, depending on your state’s property laws and the clarity of available records.

