Employee and Employer Contributions
The most common method of dividing a 401(k) plan during divorce is the “shared interest” approach, where the alternate payee gets a percentage or flat dollar amount from the account as of a certain date (usually the date of marital separation, judgment, or another agreed date).
Don’t overlook employer contributions. If they are not yet vested, the alternate payee may not have rights to them. The QDRO must clearly state what the alternate payee is—or is not—entitled to receive in terms of the employer’s matching or profit-sharing contributions.

