1. Dividing Employee and Employer Contributions
The Western Materials, Inc.. Salary Reduction and Saving Plan may include both employee salary deferrals and employer matching or discretionary contributions. The QDRO should clearly state whether both types of contributions are included in the division. In most cases, the order needs to specify a percentage of the account balance as of a certain valuation date (like the date of separation or divorce).
Make sure language in the QDRO accounts for any earnings or losses on that amount from the valuation date through the date of distribution. This is especially important with market fluctuation in 401(k) accounts.

