1. Employee vs. Employer Contributions
In 401(k) plans, the account usually consists of contributions from both the employee (the plan participant) and the employer. In most divorces, the QDRO divides all vested amounts as of the couple’s marital cut-off date. Any unvested employer contributions may not be included—unless the vesting occurs later and is addressed in the QDRO language.
Be sure your divorce agreement and QDRO distinguish between funds that are fully vested versus those that are still subject to a vesting schedule.

