Employee and Employer Contributions
401(k) accounts usually include two types of contributions: employee deferrals and employer matches or other contributions. Both can be divided in a QDRO, but how much is divided depends on the order’s terms and what marital property rights apply in your divorce. It’s critical to clarify whether the division includes only the account balance as of the date of divorce or also earnings and losses from that date to the date of actual division by the administrator.

