1. Employee and Employer Contributions
This 401(k)-type plan includes both employee deferrals and employer contributions. A QDRO must specify whether the division applies to:
- Only employee contributions and earnings
- Both employee and employer contributions
- All vested plan assets as of a set “Assignment Date”
The court agreement—usually the Marital Settlement Agreement—should clarify this. It’s common for spouses to split only the “marital portion,” meaning contributions and earnings accumulated during the marriage. A clear QDRO ensures this is correctly calculated and implemented.

