1. Employee vs. Employer Contributions
This plan likely includes both employee contributions (money directly taken from paychecks) and employer contributions (money the employer adds on top). The QDRO should clearly state whether the alternate payee—the spouse receiving the benefits—will receive a share of:
- Just employee contributions
- Employer contributions as well
- Investment gains and losses on both
In many divorces, the split focuses on the portion earned during the marriage. So if the participant had this 401(k) before the marriage began or continued contributing after separation, that detail matters.

