Addressing Employee and Employer Contributions
401(k) accounts often contain both employee (participant) contributions and employer matching contributions. In divorce, it’s common to divide the account based on the marital portion—typically defined as the balance accrued during the marriage.
It’s critical that the QDRO specifies whether:
- The division includes only the vested portion of the account
- Employer contributions are included or excluded
- The account will be valued as of a specific date such as the date of separation, filing, or divorce

