1. Employee vs. Employer Contributions
Many people think all the money in the 401(k) is automatically marital property. That’s not always true. The QDRO must take into account:
- How much of the balance was earned during the marriage
- What part of the account includes employer contributions
- Whether those employer contributions are fully vested
We recommend using a specific date—usually the date of separation or another court-agreed date—to determine how much of the account is marital. Once that’s established, we can calculate the alternate payee’s share.

