1. Employee and Employer Contributions
401(k) accounts generally consist of two major parts: contributions made by the employee and contributions made by the employer. The QDRO must clearly state how both types of contributions are to be divided.
In most divorces, retirement account division follows the percentage rule. For example, the Alternate Payee might be awarded 50% of all marital contributions made from the date of marriage to the date of separation. Make sure to account for both employee and employer funds in that calculation.

