1. Addressing Employee and Employer Contributions
Most 401(k) plans consist of two types of contributions: the employee’s salary deferrals and the employer’s matching or profit-sharing contributions. Unless otherwise stated in your settlement agreement, both types are generally considered marital property if they were earned during the marriage.
It’s important to work with a QDRO attorney like PeacockQDROs to ensure your order specifies whether the non-employee spouse (called the “Alternate Payee”) gets a portion of both contributions types and for what marital period.

