Employee vs. Employer Contributions
In most 401(k) plans, employees contribute their own wages into the plan. Employers may also make matching or profit-sharing contributions. The QDRO must clearly state whether the division includes just the employee contributions or also the employer contributions.
In divorce, the default is often to divide the “marital portion” of the plan — typically contributions made and growth accrued during the marriage. If the parties were married for only part of the participant’s plan participation, the QDRO should specify a coverture formula (i.e., time-based formula) to divide the account fairly.

