Employee and Employer Contributions
401(k) QDROs can divide the account using either a dollar amount or a percentage of the marital portion. In a divorce, courts usually allocate only the portion earned during the marriage. This includes:
- Employee contributions made during the marriage
- Employer matching contributions, if vested
- Investment gains and losses earned on those contributions
It’s important to identify cut-off dates—typically the date of separation or the date of divorce decree—as that determines the portion considered marital.

