Employee Contributions vs. Employer Contributions
Most 401(k) plans include both employee pre-tax or Roth contributions and employer matching or profit-sharing contributions. The QDRO can divide any of these funds, but it’s vital to:
- Distinguish which portions are marital property (typically contributions during the marriage).
- Clarify whether the alternate payee will receive a fixed dollar amount, a percentage of the account, or gains and losses on the divided portion.
- Ensure employer contributions that have not vested are handled appropriately in the QDRO language.

