1. Employer vs. Employee Contributions
Most 401(k)s include both employee contributions (what the participant put in) and employer contributions (like matching funds). In your divorce, you’ll need to decide whether the QDRO includes just the employee contributions, the employer match, or both.
It’s also important to determine the date through which contributions are being divided. Some couples use the date of separation, others the date of divorce, and some use the date the QDRO is approved. Be specific in the language to prevent disputes later.

