1. Employee and Employer Contribution Division
One of the most common misconceptions about dividing a 401(k) is assuming the account balance belongs entirely to the employee. In most cases, the plan includes both employee contributions and employer-matching funds. A QDRO can award a portion of either or both types of contributions to the alternate payee.
If a divorce settlement awards 50% of the marital portion of the account, it’s critical to define how that marital portion is calculated. Does it include only vested employer contributions? Does it include earnings and losses through the date of distribution? These are all questions your QDRO needs to answer clearly.

