Employee and Employer Contributions
401(k) accounts typically contain both employee deferrals and employer matching or profit-sharing contributions. The QDRO should clearly state whether the award includes only employee contributions or both employee and employer contributions.
Additionally, you’ll want to define whether the split is:
- A fixed dollar amount
- A percentage of the account balance as of a certain date
- Subject to investment gains and losses from the division date to the date of distribution

