Employee and Employer Contributions
Most 401(k) plans include both employee deferrals (pre-tax or Roth) and employer contributions (usually matching or profit-sharing). A good QDRO should specify whether:
- Only the marital portion (contributions made during the marriage) is being split
- Both pre- and post-marriage contributions are included
- Employer contributions are included or excluded
In some cases, the employer matching contributions may be unvested at the time of divorce, and this can impact the value transferred to the alternate payee.

