Dividing Employee and Employer Contributions
A well-drafted QDRO must clearly identify what portion of the 401(k) account is subject to division. Here are some common approaches:
- Marital portion only: Division based on contributions made from the date of marriage to the date of separation or divorce
- Flat percentage: Ex: 50% of the account balance as of a certain date
- Dollar amount: Ex: $100,000 awarded to the alternate payee regardless of the account’s total value
It’s critical to know that employee and employer contributions may be subject to different vesting rules, which can affect how much is available for division.

