1. Employee and Employer Contributions
401(k) accounts often involve both employee salary deferrals and employer matching or profit-sharing contributions. Under The Hankin Group 401(k) Plan, the QDRO should clearly state whether the alternate payee is receiving a portion of just the employee contributions, or both employee and employer funds.
Typically, dollars earned during the marriage are considered marital property. So, even though the participant earned the funds, both parties may be entitled to a share. Be sure the QDRO specifies the division of pre-marital and post-marital contributions if this matters under your state’s laws.

