1. How Contributions Are Divided
With a 401(k) profit sharing plan, both the employee and the employer may contribute. These contributions can change over time and may or may not be fully vested, depending on the plan’s vesting schedule.
In most QDROs, benefits are divided using one of these methods:
- Percentage approach: The alternate payee receives a percentage of the account balance as of a specific date (typically the date of separation or divorce).
- Dollar amount approach: A fixed dollar figure is awarded to the alternate payee. Be cautious—this method can create problems if the account value fluctuates before the QDRO is processed.

