Employee and Employer Contributions
Dividing a 401(k) plan involves determining how much of the account balance belongs to the marriage. Generally, only the amounts contributed and earned during the marriage are divided. Employer contributions may also be included, but can be subject to vesting rules (more on that below).
Be sure the QDRO clearly states whether to divide the account using a fixed percentage, dollar amount, or a coverture formula (used when the marriage overlapped with the participant’s employment).

