Employee and Employer Contributions
Most 401(k) plans include both employee contributions (the money the worker defers from their paycheck) and employer contributions (matching or other contributions). In divorce, it’s important to understand if and how these different sources of funds are divided.
- Most QDROs treat all funds as a single total amount subject to division, but that’s not always fair or appropriate.
- Some divorces divide only employee contributions, leaving employer contributions solely with the employee spouse.
- It’s crucial to specify a cutoff date—such as the date of separation or divorce judgment—to define the marital portion.

