Employee and Employer Contributions
401(k) plans include two kinds of contributions: employee deferrals (money the employee has chosen to contribute) and employer matching or profit-sharing contributions. In a divorce, both types of contributions earned during the marriage are typically considered marital property and subject to division.
The QDRO must distinguish whether the award to the alternate payee will include both types of funds and if it will be calculated as of a specific date (often the date of separation or divorce filing).

