1. Dividing Employee and Employer Contributions
Most 401(k) plans allow employees to make voluntary contributions from their paychecks. Employers may also provide matching or discretionary contributions. In a divorce, both sources of funds may be considered marital property—especially if those contributions occurred during the marriage.
Your QDRO should address:
- Whether the alternate payee (usually the non-employee spouse) is receiving a flat dollar amount or a percentage
- Which portions of the account—employee, employer, or both—are included in the division
- The valuation date for determining the division (e.g., date of separation or date of divorce decree)

