Employee and Employer Contributions
In a 401(k) plan, contributions can come from both the employee and the employer. The QDRO should state how both types of contributions are divided. This includes any earnings or losses on those amounts from the date of division to the date of distribution.
Often, the fair approach is to use a percentage method (e.g., 50% of the account balance accrued during the marriage), but the QDRO must be clear whether it’s referencing the total balance or just the marital portion. Clarity prevents disputes and processing delays later.

