1. Employee and Employer Contributions
401(k) plans typically contain two types of contributions: employee deferrals and employer matches or nonelective contributions. The QDRO must specify exactly which portions are to be divided:
- Are both employee and employer contributions being divided, or just the employee part?
- What portion is marital and what is separate property (if applicable under your state law)?
It’s also important to understand the plan’s definition of compensation, eligibility for employer contributions, and how those contributions vest over time.

