1. Employee and Employer Contribution Division
401(k) plans usually hold both employee deferrals (money the employee contributed) and employer contributions (matching or profit-sharing). A well-drafted QDRO can separate these accounts and assign only the marital portion. For example, if your spouse worked at Knit-rite only for the last five years of your 15-year marriage, you may not be entitled to the full account balance.
You’ll also need to decide how to divide the account—50/50? A flat dollar amount? A percentage of contributions made during the marriage? These decisions must be precisely written into the QDRO.

