1. Dividing Employee and Employer Contributions
401(k) accounts usually consist of contributions made by both the employee and the employer. One of the first things a QDRO must do is define what portion of each party’s contributions (and earnings on those amounts) are to be divided. When dividing the Unlimited Technology 401(k) Plan, you should:
- Specify whether the division includes only marital contributions or the entire balance
- Clarify what happens with employer matching contributions
- Identify the correct valuation date (date of separation, date of divorce, or another agreed upon date)

