Employee vs. Employer Contributions
401(k) accounts include employee deferrals (contributions made from the worker’s paycheck) as well as employer contributions. Both types are usually considered marital property if accrued during the marriage. The QDRO should clearly assign a share of both components to the alternate payee, unless otherwise agreed in the divorce settlement.
Be sure to specify whether the awarded percentage includes “gains and losses” — meaning the value will be adjusted based on market performance — between the division date and the distribution date.

