1. Employee and Employer Contribution Breakdown
Since this is a 401(k), it’s likely that both employee deferrals and employer contributions are involved. A well-drafted QDRO should clarify:
- Whether the alternate payee is receiving a share of just the employee contributions or both employee and employer funds
- How gains and losses will be applied from the specified date until distribution
- Whether contributions after the date of division are excluded (they generally should be)
If there are company matching contributions, it’s vital to account for whether those funds are vested under the plan’s rules—which brings us to the next important issue.

