1. Employee vs. Employer Contributions
401(k) plans usually consist of contributions made by the employee, as well as matching or discretionary contributions made by the employer. When dividing the D & W Mechanical 401(k) Plan, it’s important to determine exactly what portion of the account is marital property and how the contributions should be split.
Typically, the QDRO will state either a percentage or dollar amount of the participant’s account to be awarded to the alternate payee. Be specific and spell out whether the calculation includes employer contributions, and whether it should be based on the account as of the date of divorce or another valuation date.

