1. Employee vs. Employer Contributions
Most 401(k) plans include two types of contributions: elective deferrals made by the employee and additional contributions made by the employer. In your QDRO, you’ll need to decide whether the division applies to just the employee contributions, or to employer contributions as well.
Employer contributions are often subject to a vesting schedule. Only the vested portion is eligible for division—and it’s essential to determine the vesting percentage as of the date of division (usually the date of divorce or a different court-specified date).

