Employee and Employer Contributions
401(k) plans typically include employee deferrals and employer matching contributions. During a divorce, both types of contributions may be subject to division—but only amounts earned during the marriage are usually considered marital property.
It’s crucial to be clear in the QDRO about:
- Which contributions are marital and which are separate
- Whether you’re dividing assets as of a specific date (usually the date of separation or divorce filing)
- Whether gains and losses should be included through the distribution date

