1. Employee vs. Employer Contributions
The total value of a 401(k) account often includes both employee deferrals and employer contributions. These accounts grow over time through market performance and ongoing contributions. The QDRO must clarify whether the alternate payee receives:
- A flat dollar amount
- A percentage of the total balance as of a specific date (often the date of separation)
- Just the marital (shared) portion, based on contributions during the marriage
Keep in mind that employer contributions may be subject to a vesting schedule. Unvested portions are usually not eligible for division, but they should be reviewed carefully in the plan documents.

