1. Employee vs. Employer Contributions
401(k) accounts usually include employee deferrals and employer contributions. When dividing the Sexy Holdings 401(k) Plan, you need to determine whether you’re splitting only what the employee contributed, or the entire balance, including employer matches.
Some divorce agreements accidentally limit the alternate payee’s share by not specifying this clearly. A properly prepared QDRO will itemize what portion of the account (contributions, gains, losses) goes to each party.

