1. Employee and Employer Contributions
In most 401(k) plans, contributions are made by both the employee and sometimes the employer. A key factor in dividing the account will be how to treat employer contributions—the QDRO can include them, but only if they’ve vested.
Employers often have a vesting schedule, meaning not all employer contributions belong to the employee right away. If the participant hasn’t met the vesting requirements, portions of those employer-funded contributions may not be available for division.

