1. Employee and Employer Contributions
401(k) accounts are usually made up of two pieces: the employee’s salary deferrals and any employer contributions (matching or otherwise). In your QDRO, you can choose to split:
- The account balance as of a specific date (commonly the date of separation or divorce filing)
- A percentage of the account as of the division date
- A fixed dollar amount
Keep in mind that employer contributions may be subject to a vesting schedule—a critical factor we’ll discuss next.

