1. Employee and Employer Contributions
In a typical 401(k), the participant’s account is made up of salary-deferral contributions and employer matching or discretionary contributions. The QDRO must specify how much of each is to be awarded. For example:
- 50% of the total account as of the date of divorce
- Or only 50% of contributions accrued during the marriage
If the employer match was not fully vested, the award will depend on how the vesting schedule applies.

