Employee vs. Employer Contributions
In most 401(k) plans, contributions come from both the employee and the employer. When drafting the QDRO, it’s crucial to specify whether the alternate payee is to receive:
- A percentage of the total account value (including both employee and employer contributions)
- Or just a percentage of contributions made during the marriage
It’s also vital to determine the “valuation date”—the point in time at which the account will be divided. If that date is left undefined, disputes can arise about market fluctuations and fairness. Correct language here avoids major headaches later.

