Employee vs. Employer Contributions
401(k) plans typically include employee contributions (amounts the employee chooses to defer from their paycheck) and employer contributions (often matching funds). Only the portion earned during the marriage is subject to division in most states.
A strong QDRO should break this down by:
- Separately identifying employee and employer contributions
- Indicating whether the division includes pre-marital or post-marital contributions
- Clarifying whether earnings and losses will be included

