1. Dividing Employee and Employer Contributions
401(k) accounts include both employee salary deferrals and employer matching or profit-sharing contributions. Your QDRO should clarify whether the division includes:
- Only employee contributions
- Employer contributions made during the marriage
- The investment earnings/losses on those contributions
Many couples split only the “marital portion”—the amount contributed between the date of marriage and the date of separation or divorce—but how you define that period is critical and can impact thousands of dollars.

