Employee vs. Employer Contributions
In most 401(k) plans, participants can contribute part of their paycheck pre-tax, and employers often match a portion of these contributions. The QDRO should clearly define how both types of contributions are to be divided:
- Employee Contributions: These are almost always considered marital property if earned during the marriage.
- Employer Contributions: These must be reviewed in the context of the plan’s vesting schedule.

