Employee and Employer Contributions
In most 401(k) plans, the account includes both employee deferrals and employer matching or profit-sharing contributions. A QDRO can award either a flat dollar amount or a percentage of the vested account balance as of a specific date (usually the date of separation or divorce).
Be cautious when dividing “the entire plan” or “50% of the retirement account” in general terms. You should specify whether that percentage includes only vested employer contributions, or all assets, and whether investment gains or losses after the cut-off date apply.

