1. Employee and Employer Contributions
In a 401(k)-style plan, accounts grow from both employee contributions and, in many cases, employer matching contributions. It’s crucial to clarify in your QDRO:
- Whether the division includes just employee contributions or also employer matches
- The cutoff date for division (usually the date of separation, divorce, or another trigger)
- Whether investment gains and losses will apply to the alternate payee’s portion
Employer contributions may be subject to a vesting schedule, which brings us to the next point.

