1. Contributions: Employee and Employer
The Clark Dermatology LLC 401(k) Plan likely includes employee deferrals (money deducted from paychecks) and, possibly, employer matching or discretionary contributions. The QDRO needs to clearly state:
- Whether the alternate payee is receiving a percentage of the total account value or only the marital portion
- If employer contributions are divided, whether they are subject to vesting (see below)
- Whether post-separation contributions are excluded
If the divorce occurred mid-career, it’s common to only divide contributions made during the marriage. In that case, the QDRO must specify a coverture formula or cutoff date.

