1. Dividing Employee and Employer Contributions
One of the most important parts of the QDRO is specifying what portion of the Diversified Packaging LLC 401 (k) goes to the non-employee spouse (known as the “Alternate Payee”). Courts often order a percentage of the account as of a certain date—often the date of separation or divorce.
401(k) accounts usually include both employee contributions (money the employee chose to contribute) and employer contributions (matches or profit sharing). These can—and should—be treated differently in divorce if they have different vesting schedules, discussed next.

