1. Employee and Employer Contribution Splits
401(k) plans like this one may include employee deferrals and employer matching or profit-sharing contributions. When drafting the QDRO, you’ll need to decide:
- Are all contributions included in the division or just those made during the marriage?
- Will the division be based on a flat percentage, dollar amount, or date of separation?
- Do you need to apply earnings and losses from the date of separation through the date of distribution?
Employer contributions are often subject to vesting, which brings us to the next key issue.

