1. Employee and Employer Contributions
In most 401(k) plans, the participant (employee) contributes a portion of their paycheck, and the employer may also contribute. These two types of contributions must be considered separately in the QDRO.
Employer contributions are often subject to a vesting schedule. That means if your spouse is not fully vested, only a portion of employer contributions will count as divisible property under the QDRO. Make sure your QDRO language is clear about whether the division includes only vested funds or all funds as of a specific date.

