1. Employee vs. Employer Contributions
Most 401(k)s include both employee contributions and employer matching or profit-sharing. In a QDRO, it’s vital to spell out whether the alternate payee is receiving:
- A percentage of all plan benefits (including employer contributions), or
- Only the employee’s contributions and related earnings
Also consider whether the alternate payee’s share should be based on the account balance as of the date of divorce, distribution, or some other specific valuation date.

