1. Employee and Employer Contributions
Most 401(k) plans include:
- Employee deferrals: Contributions made directly from the participant’s paycheck
- Employer matching or profit-sharing: Based on the company’s policies
In dividing this plan, the QDRO can be structured to assign a percentage of the total account balance, or a specific dollar amount. Courts and attorneys often use a “marital coverture” formula to calculate what portion of the benefits were earned during the marriage and should therefore be divided.

