Employee vs. Employer Contributions
The 401(k) likely consists of contributions made by the employee (your spouse or you) as well as employer contributions. These two types of contributions can have totally different rules for division. Many QDROs will specify:
- Whether the alternate payee receives a portion of only employee contributions or total contributions
- Whether to divide based on account balances as of a certain date (called the “valuation date”)
- Whether investment gains and losses should be included on the awarded amount
Make sure your QDRO carefully states whether the alternate payee receives a percent of the total account or a flat dollar amount. Clarity is critical to minimize delays.

