1. Types of Contributions to Account For
Most 401(k) plans include both employee salary deferrals and employer contributions. Your QDRO must expressly state how each of these contribution types will be divided. Will the alternate payee (the ex-spouse receiving the benefit) get a flat percentage of the account balance? Or only a share of the contributions made during the marriage?
If the employee spouse contributed both before and after marriage, your order should specify a cut-off date to protect each party’s interests. Otherwise, disputes will arise—and the plan administrator won’t pick a side.

