1. Employee and Employer Contributions
In most 401(k) plans, employees can make their own salary deferrals, and employers may contribute matching or profit-sharing amounts. The QDRO needs to make clear whether both types of contributions are being divided and whether employer contributions are fully vested or subject to a vesting schedule. That’s especially important when it comes to employer contributions made while the couple was married but not yet fully vested at the time of divorce.

