1. Employee and Employer Contributions
Most 401(k)-type plans include both employee contributions (salary deferrals) and employer contributions (match or profit-sharing). In divorce, the QDRO must define whether both types are being divided or if only the employee contributions are subject to split.
If the marriage ended before some employer contributions were made, it’s important to clearly define the cutoff point. Contribution types need to be addressed to avoid overpayment or underpayment to the alternate payee.

