1. Division of Employee and Employer Contributions
401(k) accounts usually contain both employee contributions and employer matching funds. A properly written QDRO should specify whether the alternate payee (i.e., the non-employee spouse) will receive a percentage of just the employee’s contributions, or both the employee and employer contributions.
Be aware: employer contributions may be subject to vesting. That means some benefits may not be available if the employee hadn’t worked at the company long enough.

