Employee vs. Employer Contributions
401(k) plans often include both employee contributions (what the worker personally puts in) and employer contributions (like matching funds). In a QDRO, it’s important to specify whether both types are being split and in what proportion.
In most cases, the former spouse—also called the “alternate payee”—receives a percentage or a fixed dollar amount of the account as of a certain valuation date, usually the date of separation or divorce filing. Clearly stating the valuation date and including both contribution types if applicable ensures fairness and avoids future conflict.

