1. Employee vs. Employer Contributions
401(k) plans generally include voluntary employee contributions as well as company contributions. Some plans incorporate employer matches or profit-sharing. It’s essential to clarify whether the QDRO applies to:
- Only employee contributions
- Employer contributions that are vested
- All account balances—including earnings and losses
Many QDROs mistakenly award parts of the account that were never marital property. Make sure the order only covers what was earned during the marriage and specifically spells that out if you’re in an equitable distribution state.

