Employee and Employer Contributions
401(k) balances typically include employee deferrals and employer matches. Your QDRO should specify how to divide these components. For example, you may choose to divide 50% of the total account, or just the marital portion accrued during the marriage. We recommend being precise about:
- Whether the non-employee spouse (the alternate payee) will share in employer contributions
- The date that determines the marital portion (e.g., date of separation, date of filing)

