Employee and Employer Contribution Division
401(k) plans include contributions made by the employee (deferrals from wages) and often matching or profit-sharing contributions made by the employer. A well-crafted QDRO should specify whether the alternate payee (usually the former spouse) is receiving a portion of just the employee contributions or both employee and employer portions. Also, clarify if the division is based on a percentage, dollar amount, or formula. If the division date is not stated clearly, it could lead to disputes or delays.

