Employee and Employer Contributions
401(k) balances usually include both employee deferrals and employer matching or profit-sharing contributions. A QDRO should clearly define whether the alternate payee is receiving a percentage of the total account, just the employee’s contributions, or both.
Many times, spouses intend to split only the marital portion of the account. To do this, your QDRO will need what’s called a “coverture fraction” or other proration method to estimate the portion earned during the marriage.

