Employee and Employer Contributions
401(k) plans often involve two parts: pre-tax or Roth salary deferral contributions made by the employee, and employer contributions such as matches or profit sharing. The QDRO should address how each of these segments is divided.
If the marriage overlapped with the employment period, and contributions were made during that time, the portion accumulated during marriage is generally considered marital property. We typically recommend using a coverture (marital share) formula unless the parties have agreed otherwise.

