1. Employee and Employer Contributions
In most 401(k) plans, participants make their own salary deferrals, and the employer can match a percentage. Some employers make discretionary profit-sharing contributions as well. A QDRO should clearly indicate how much of each type of contribution should be included in the division.
For example, will the alternate payee receive 50% of the total balance as of the date of divorce? Or only 50% of what was accumulated during the marriage, including gains and losses?

