1. Employee vs. Employer Contributions
One of the most important distinctions in any 401(k) QDRO is whether the former spouse is awarded just the employee’s contributions or also a share of employer contributions. If employer contributions are included and not yet fully vested, this can create complications. We recommend:
- Clearly stating in the QDRO whether both employee and employer contributions are being divided.
- If employer contributions are included, specify treatment of unvested amounts (see next section).

