Employee and Employer Contribution Divisions
In most 401(k) plans, contributions come from both the employee and the employer. QDROs need to clearly define whether the alternate payee (generally the spouse) receives a portion of just the employee’s contributions or both the employee and employer funds.
In many divorces, courts award 50% of the marital portion of the account—meaning the part accumulated from the date of marriage to the date of separation. That includes vested employer matches earned during that time frame, but it’s important to double-check if both parties are in agreement about excluding or including employer contributions at all.

