1. Employee and Employer Contributions
The first step is understanding what’s actually in the account. Generally, a 401(k) plan consists of:
- Pre-tax contributions made by the employee
- Potential Roth contributions, if offered by the plan
- Employer contributions like matching or profit-sharing
Each of these components can be divided, but you must specify what you want in the QDRO. For example, you might want 50% of the account balance as of the date of divorce, or you may exclude employer contributions that are not yet vested.

