1. Employee and Employer Contributions
This 401(k) plan likely includes both employee contributions (money the participant puts in from their paycheck) and employer contributions (money the company adds on your behalf). Importantly, employer contributions may be subject to vesting schedules. If the participant hasn’t worked there long enough to be fully vested, some of those employer funds may be lost or unavailable for division.
A good QDRO will account for:
- The full account balance, including vested employer contributions
- Exclusion of unvested employer contributions, or treatment upon future vesting
- Contribution cut-off date (such as the date of divorce or a separation date)

