1. Dividing Employee and Employer Contributions
In 401(k) plans like this one, employees make elective deferrals, but employers often add matching contributions. It’s important to understand whether your share includes both types, or just the part contributed by your spouse. In divorce QDROs, you can ask for a percentage of the total account, or specify the “marital portion” to include only amounts contributed during the marriage.
You must also specify an “assignment date”—commonly the date of separation, judgment, or a custom date listed in your divorce agreement.

