1. Employee vs. Employer Contributions
Most 401(k) plans include both employee deferrals and employer match contributions. The QDRO can divide the plan in several ways, such as:
- A percentage of the account balance as of the date of divorce or another valuation date
- A fixed dollar amount
- Including or excluding contributions after a certain date
Be aware: employer contributions may be subject to a vesting schedule. If your spouse isn’t fully vested, some of the account may not be divisible.

