1. Employee vs. Employer Contributions
The participant’s 401(k) account typically includes both employee contributions and any matching or discretionary employer contributions. In divorce, it’s common to divide only the marital portion—usually calculated as the amount accumulated during the marriage.
Make sure your QDRO specifies whether the division applies to the entire account or only certain contributions. You may also need account statements going back to the date of marriage to trace what portion is marital property.

