1. Employee and Employer Contributions
Many 401(k) plans include both employee contributions (what the employee defers from their paycheck) and employer contributions (such as a match or profit-sharing). In a divorce, it’s important to spell out whether the alternate payee is receiving a portion of just the employee’s contributions or both.
The QDRO can divide:
- A specific dollar amount (e.g., $50,000)
- A set percentage of the account as of a valuation date (e.g., 50% of the account as of the date of divorce)
- Only certain types of contributions (e.g., 50% of vested employer match only)

