1. Division of Employer and Employee Contributions
401(k) plans generally contain contributions from both the employee (your spouse or partner) and the employer. In a divorce, the QDRO should specify whether:
- The alternate payee (you) is receiving a share of just the marital portion of the retirement balance, or the entire balance
- The division applies only to contributions made during the marriage
- Investment gains and losses are included in the calculation
This is especially important for employer contributions, which may be subject to a vesting schedule.

