1. Division of Employee and Employer Contributions
401(k) accounts typically include both employee deferrals and employer matches. A QDRO must clearly specify if both portions are to be divided—and how. For example, it’s common for the alternate payee to receive 50% of the marital portion, which includes contributions made and investment gains during the marriage.
You must also decide on a valuation date (e.g., date of separation, filing, or divorce finalization) for determining how much of the retirement account is marital and subject to division.

