1. Employee and Employer Contributions
A typical mistake is assuming that all account balances are marital property. In a 401(k), the account consists of both employee (your contributions) and employer (matching or discretionary) contributions. Contributions added before the marriage are separate property, and only those made during the marriage are generally divisible. A good QDRO specifies the time period (e.g., date of marriage to date of separation) and addresses whether gains and losses are included.

