Understanding Contributions
Most 401(k) plans include both employee salary deferrals and employer-matching contributions. In your divorce, the QDRO will need to split these amounts accurately. Generally, contributions made during the marriage are considered marital property and subject to division—whether made by the employee or employer.
If your divorce doesn’t specify exactly how to split the plan, you risk delays or disputes during the QDRO approval process. It’s best to define a clear formula—usually a flat dollar amount or percentage of the account balance as of a specific date (typically the date of divorce or separation).

