1. Employee and Employer Contributions
Most 401(k) QDROs include both sources of contributions, but not all contributions are treated the same. The QDRO must clearly specify:
- Whether the division applies only to employee deferrals or includes employer profit sharing as well
- Whether the alternate payee will receive a flat dollar amount or a percentage
- Whether gains and losses from market fluctuations will be included
Keep in mind, some profit-sharing contributions may not yet be deposited for the current plan year, which can affect the amount available for division.

