1. Employee and Employer Contributions
In most 401(k) plans, participants contribute through salary deferrals, and employers may match a portion. The key question is: what part of the balance was accumulated during the marriage?
- Only contributions earned during the marriage are marital property subject to division
- QDROs should specify whether both employee and employer contributions are divided
- Plans often require the QDRO to clearly spell out the date or formula to determine marital portion
We make sure your QDRO is tailored to match both your divorce settlement and the plan’s processing requirements.

