Choose a Clear Approach to Division
Most QDROs for 401(k) plans use one of two methods: assigning a flat dollar amount or dividing the account by percentage. Percentages are more common, especially when investment values fluctuate. Here’s an example:
- “The Alternate Payee is awarded 50% of the Participant’s account balance as of June 30, 2023, plus or minus any investment gains or losses from that date to the date of distribution.”
That language ensures fairness regardless of market performance after the date of dissolution.

