Division of Employee and Employer Contributions
The QDRO should clearly state which portion of the account is being divided and how the split is calculated. Most commonly, we use a percentage of the account as of a specific date (usually the date of separation or divorce). For this 401(k) plan, it’s important to account for:
- Employee deferrals: These are the amounts the employee spouse contributed from their paycheck.
- Employer matching or profit-sharing contributions: If applicable, these also need to be addressed—especially if they are subject to vesting schedules.

