Division of Employee and Employer Contributions
401(k) accounts typically include both employee contributions (money the participant put in from their paycheck) and employer contributions (matching funds or profit-sharing). The QDRO must clarify whether both types of contributions are being divided or just the participant’s portion.
In most divorces, the non-employee spouse (also called an “alternate payee”) will receive a percentage of the account balance as of a specific date, usually the date of separation or divorce. It’s also essential to decide whether investment gains or losses after that date will be included in the alternate payee’s share.

