Division of Employee vs. Employer Contributions
Most QDROs divide the participant’s total account balance using a set percent (e.g., 50%) as of the date of divorce or another agreed-upon valuation date. But with a 401(k) plan, you’ll want to be specific about whether that figure includes:
- Employee contributions (e.g., salary deferrals)
- Employer matching or non-elective contributions
Why does this matter? Employer contributions may be subject to a vesting schedule, which leads us to the next key issue.

