Employee and Employer Contributions
401(k) plans are typically funded through pre-tax salary deferrals made by the employee (participant), and sometimes include matching or discretionary employer contributions. In your QDRO, it’s important to clarify:
- Which parts of the account are being divided—just the employee-funded portion, the employer contributions, or both.
- The time frame for what’s considered “marital”—usually limited to contributions made between the date of marriage and date of separation or divorce.
- Whether gains and losses will apply to the alternate payee’s share from the date of division until distribution.

