1. Dividing Employee and Employer Contributions
Both the participant and the employer likely contribute to this 401(k). The QDRO needs to specify how both types of contributions—and their associated gains or losses—are divided. You can choose:
- A flat-dollar amount
- A percentage of the total account
- A percentage of the account as of a specific date (often the date of separation or divorce filing)
When possible, it’s ideal to have the QDRO refer to the official valuation date used in the divorce decree. Otherwise, confusion or disputes may arise when processing the order.

