1. Division of Employee and Employer Contributions
Most 401(k) plans include both employee salary deferrals and employer-provided matching or profit-sharing contributions. In a divorce, both types of contributions may be divisible if earned during the marriage (i.e., during the marital period defined by your state or court).
It’s common for people to assume only account balances matter, but contribution types affect how the funds are structured, taxed, and allocated over time. Make sure the QDRO clearly identifies whether the division includes just employee contributions, employer contributions, or both.

