1. Dividing Employee and Employer Contributions
Both employee deferrals and employer matching contributions can be included in the marital portion—depending on when they were made. In the Crossroads for Women, Inc.. 401(k) Plan, identifying the marital cut-off date is essential. Contributions made before marriage or after legal separation might be considered separate property, depending on your state.
Your QDRO should include language that clearly spells out:
- How to divide contributions (e.g., 50% of marital contributions)
- The date for division (e.g., date of separation, divorce filing, or order)
- Whether gains and losses will be included from that date to distribution

