Employee and Employer Contributions
Most QDROs divide the account based on a percentage or fixed dollar amount of the balance as of a specific date—usually the date of marital separation or divorce filing. Be sure your order clearly states:
- Whether employer contributions are included
- If account earnings and losses after the division date are shared
401(k) plans can include matching contributions or profit-sharing from the employer. These amounts may be subject to vesting schedules, which should be reviewed as part of the QDRO process.

