1. Employee vs. Employer Contributions
401(k) accounts generally consist of employee deferrals and potentially employer matching or profit-sharing contributions. When preparing a QDRO, it’s important to address:
- Whether the alternate payee is entitled to only the employee contributions made during the marriage or also to employer contributions
- How to treat investment gains or losses on the awarded share from the date of division until distribution
If you’re unsure how to allocate these contributions fairly, it’s a good reason to work with a QDRO expert.

