1. Employee and Employer Contributions
401(k)s typically include employee contributions (amounts the participant defers from their paycheck) and employer contributions (such as matching or profit-sharing). In the Shura, Inc.. 401(k) Retirement Plan, both types of contributions may be present. A QDRO must clearly identify how each component will be divided.
Only amounts earned during the marriage are usually considered marital property. If the participant had a balance before marriage or after separation, those can be excluded by wording the QDRO correctly. At PeacockQDROs, we draft orders that cover both separate and marital interests to avoid overpayments or underpayments.

