Employee and Employer Contributions
401(k) accounts typically include both employee contributions (your paycheck deferrals) and employer contributions (matching or profit-sharing). QDROs can separate either part, or both. What’s more important is:
- Whether the employer contributions are fully vested
- How the contributions grew over time (investment earnings and losses)
It’s common to divide only the marital portion—usually defined as what’s earned during the marriage. Calculating that accurately is key to a fair division.

