1. Employee and Employer Contributions
Be aware that a participant’s 401(k) account often includes:
- Pre-tax (traditional) employee contributions
- After-tax (Roth) employee contributions
- Employer matching or profit-sharing contributions
When drafting your QDRO, specify whether the alternate payee is entitled to a portion of all contributions or just some. Also, make clear whether that division is based on a dollar amount or a percentage, and whether it applies as of a specific date—usually the separation or divorce date.

