1. Employee and Employer Contribution Divisions
This 401(k) likely includes both employee salary deferrals and employer matching or profit-sharing contributions. During divorce, the QDRO must spell out what percentage (or dollar amount) of the total account will go to the alternate payee. It’s common for plans to allow division by percentage of account value as of a specific date (e.g., the date of separation).
Keep in mind: if some of the employer’s contributions aren’t yet vested, the alternate payee may not be entitled to that money. That brings us to the next issue…

