1. Employee vs. Employer Contributions
401(k) plans typically include both employee (your or your spouse’s elective deferrals) and employer contributions. QDROs can cover one or both types, and it’s important to clarify this in the QDRO language.
Sometimes a spouse is only entitled to marital contributions—those made between the date of marriage and separation—while other times the entire vested balance is split. If you’re unsure how contributions should be divided, it’s best to discuss that with your attorney or QDRO professional.

