1. Dividing Employee and Employer Contributions
Most 401(k) accounts include contributions from both the employee and the employer. In divorce, the QDRO must address what portion of each type of contribution is to be divided. This is especially important in profit-sharing structures like this one. You need to decide:
- Are you dividing just the marital portion of the account?
- Is the division based on a specific dollar amount or a percentage?
- What cutoff date are you using—date of separation, filing, or another agreed date?

