Employee and Employer Contributions
This 401(k) plan likely includes contributions made by both the employee and the employer. In a QDRO, you’ll have to clearly define whether the division applies only to employee contributions, or both employee and employer funding. You’ll also need to mark the cutoff date—commonly the date of separation or divorce judgment.
Important tip: If the participant continued making contributions after the separation date, those amounts may be excluded from division—unless your divorce agreement or state law says otherwise.

