Marital Portion vs. Full Balance
One of the biggest decisions in dividing a 401(k) is defining what portion your QDRO will cover. Will the alternate payee (usually the non-employee spouse) receive a percentage of the total account or just a marital portion up to the date of separation?
A common QDRO structure awards the ex-spouse 50% of the account balance accumulated during the marriage, often adjusted for gains and losses. However, every divorce is different, and your QDRO should reflect the exact terms outlined in your divorce judgment.

