1. Employee and Employer Contributions
401(k) accounts typically include contributions made by the employee (from their paycheck) and possibly a match or share contribution from the employer. When splitting the account, your QDRO can address whether you want to divide:
- The entire account balance, including both contribution types
- Only marital contributions (monies added during the marriage)
- Exclude any pre-marital or post-separation contributions
Clarity about what’s being divided is crucial. Many plans do not track pre-marital assets, so it may be up to both parties to provide documentation proving what should be excluded.

