Employee and Employer Contributions
This 401(k) plan likely includes both participant (employee) deferrals and employer profit-sharing contributions. A critical piece of any QDRO is identifying how these will be split. Typically, you can divide based on a percentage, a flat dollar figure, or as of a specific date.
Be aware: employer contributions may be subject to a vesting schedule. If portions of the employer’s contributions aren’t yet vested at the time of divorce, the non-vested amounts usually cannot be awarded to the alternate payee. The QDRO should clearly define what’s included—pre-tax, after-tax, employer portions—and which are subject to division.

