Employee vs. Employer Contributions
401(k) plans generally include both employee deferrals (funded from a worker’s paycheck) and employer contributions (such as matching funds). When dividing the plan, it’s important to specify whether both types of contributions are being split and if the alternate payee is entitled to earnings or losses on those amounts through the date of division or beyond.
In most divorces, the QDRO divides the account as of a certain date—often referred to as the “valuation date”—with investment gains and losses allocated until the funds are transferred. Make sure your QDRO clearly states this.

