Division of Employee and Employer Contributions
401(k) plans often include both employee and employer contributions. In some cases, employees may assume—incorrectly—that only the employee’s own contributions are subject to division. In reality, both components can be marital property in many states.
Make sure your QDRO clearly specifies whether the alternate payee is entitled to a portion of:
- Employee contributions
- Employer matching or profit-sharing contributions
- The gains or losses on those contributions up to the date of distribution

