1. Dividing Employee and Employer Contributions
The most straightforward way to divide this 401(k) plan is to allocate a percentage or dollar amount of the participant’s total vested account balance as of a specific date. However, many plans—including the Public Company Accounting Oversight Board Investment & Savings Plan —include both employee contributions (fully owned by the participant) and employer contributions (which may be subject to vesting).
When preparing a QDRO, it’s crucial to:
- Clearly state whether the alternate payee (usually the ex-spouse) will receive only vested amounts or also a share of any future vesting for employer contributions.
- Include language that accounts for fluctuations in account value between the valuation date and the actual date of distribution.

