Employee and Employer Contribution Divisions
Participants contribute pre-tax or Roth dollars to their 401(k), and employers often match or contribute additional funds. When preparing a QDRO, it’s important to:
- Specify whether just the employee contributions will be divided, or both employee and employer amounts.
- Clarify the valuation date (date of separation, divorce date, or QDRO approval date).
- Define how earnings and losses will be applied from the valuation date to the date of transfer.
In many cases, the alternate payee may receive a fixed dollar amount or a percentage of the account balance as of a certain date. Being precise here is vital.

