1. Dividing Employee and Employer Contributions
Most 401(k) plans include both contributions made by the employee (participant) and those made by the employer. One of the first things a well-drafted QDRO must do is determine whether both types of contributions will be included in the division.
For example, if your spouse is the participant and has been with the employer for many years, part of the employer contributions might not be fully vested (more on vesting in the next section). You’ll want to make sure the QDRO is clear about what portion of the account the alternate payee (you or your ex-spouse) is actually entitled to receive.

