1. Employee and Employer Contributions
Many 401(k) plans, including the Tandem Theory 401(k) Plan, include both employee salary deferrals and employer matching or non-matching contributions. If the divorce covers a portion of the marriage during employment, the QDRO must clearly define how much of the balance should be assigned to the non-employee spouse (alternate payee).
- Some orders divide the entire account by percentage as of a set date.
- Others include only contributions and gains accrued during the marriage.
Make sure your QDRO specifies whether post-marriage gains and losses are included.

