Employee and Employer Contributions
401(k) plans usually involve contributions by both the employee and employer. In a divorce, only the portion accrued during the marriage is usually divided. If one spouse contributed before the marriage or after the separation date, those amounts may not be subject to division unless otherwise negotiated or ordered.
Many divorcing couples choose to split the “marital portion” using either a fixed percentage (e.g., 50%) or a formula approach (e.g., time rule formula). Your QDRO must clearly specify how to allocate employee and employer contributions. Failing to distinguish between pre-marital and marital funds can create confusion or disputes later.

