1. Employee vs. Employer Contributions
401(k) plans often include both employee deferrals (voluntary amounts contributed from salary) and employer contributions (matching, profit sharing, or nonelective contributions). Under divorce law, what’s considered marital property varies by state. Generally, only contributions made during the marriage are divisible.
QDROs must clearly define what portion of the account is awarded to the non-employee spouse. At PeacockQDROs, we often use coverture-based formulas to fairly divide contributions based on the period of marriage within the participant’s overall service period.

