1. Employee and Employer Contributions
A major issue in 401(k) QDROs is how to divide contributions. Most QDROs cover the “marital portion,” typically the amount accrued from the date of marriage to the date of separation or divorce. This portion includes:
- Employee deferrals (the amounts the participant contributed)
- Employer matching or profit-sharing contributions
It’s essential to determine whether the employer’s contributions vested during the marriage. Any nonvested amounts are generally excluded from the division via QDRO.

