1. Employee and Employer Contributions
Both participants and the employer may contribute to this plan. That’s common with 401(k) plans. During a divorce, the QDRO may apply only to the marital portion of the account. That means:
- Contributions made during the marriage are typically considered marital property.
- Any pre-marital contributions often remain with the participant, unless specifically negotiated otherwise.
If the employee received employer matching contributions, these too may be subject to division depending on the vesting rules (see below).

