1. Division of Contributions
401(k) plans include both employee and employer contributions. Typically, QDROs divide only the vested portion of the account as of a specific cut-off date, such as the date of separation or divorce. Both the participant and the alternate payee should agree on:
- The percentage or dollar amount to divide
- Whether investment gains or losses apply through the distribution date
- Whether pre-tax (traditional) and after-tax (Roth) accounts are divided separately

