Employer and Employee Contributions
Because this is a 401(k) plan, both the participant and the employer may make contributions. A QDRO can divide just the participant’s contributions, just the employer’s contributions, or both. If the divorce agreement is silent, most QDROs use a percentage of the total account balance as of a specific date (such as the date of separation or divorce).
Be aware: if you’re dealing with a long marriage, there may be contributions—and gains or losses—over many years. You’ll want to use a formula that ensures the alternate payee receives a fair division of both the contributions and earnings that accrued during the marriage.

