1. Employee and Employer Contributions
401(k) plans are funded through both employee and employer contributions. The QDRO must clearly specify:
- Whether division applies to the full account balance or just the employee contributions
- The valuation date (often called the “cutoff date”)—commonly the date of separation or the date of divorce
- If earnings and losses from the valuation date to the date of distribution are included
An experienced QDRO attorney can word these choices correctly to prevent disputes or rejection by the plan administrator.

