Division of Contributions
Since 401(k) plans can include both employee and employer contributions, it’s important to spell out in your QDRO how each is to be divided. Does the alternate payee (usually the non-employee spouse) just receive a percentage of the total account on the assignment date? Or only the marital portion?
The QDRO should clarify whether the division includes:
- All contributions and gains to date of assignment
- Only marital period contributions (which must be carefully defined)
Failing to specify these can lead to delays and disputes with the plan administrator.

