1. Employee and Employer Contributions
Most 401(k) accounts include both employee salary deferrals and employer matching contributions. In a divorce, the QDRO should clearly state whether it covers only the employee contributions or if it also includes the employer match. The Aaed & Esa 401(k) Plan, like many in the General Business sector, may have discretionary employer matches, making this an important issue to clarify.
A strong QDRO should specifically include language about how contributions are divided—whether pro rata or based on dates of contribution. It’s essential that pre-marital and post-marital contributions are excluded to avoid disputes.

