Employee and Employer Contributions
With a 401(k) plan, both the employee and employer can contribute to the account. However, not all of these contributions are automatically divisible. Only the marital portion of the account is typically included in the QDRO—meaning the portion earned during the marriage. In some cases, only vested employer contributions may be considered.
It’s important to assess the total account balance and determine what portion was earned during the marriage. The order must also account for fluctuating values due to investment gains and losses.

