1. Employee and Employer Contributions
In most 401(k) plans, the account consists of both the employee’s own salary deferrals and employer matching or profit-sharing contributions. In a divorce, it’s essential to understand whether you’re dividing:
- Just the employee-contributed portion
- The entire account, including both employee and employer contributions
We typically recommend QDROs that divide the total vested balance as of a specific date, often the “date of divorce” or “date of separation.” This way, the alternate payee receives a fair share of all benefits earned during the marriage.

