1. Employer and Employee Contributions
401(k)s typically involve two types of contributions: employee deferrals and employer matching or profit-sharing contributions. A QDRO must clearly define whether both types of contributions are being divided, and if so, in what percentages.
Many plans only credit employer contributions after a certain number of years (called a vesting period). If your spouse hasn’t met that requirement, some of the balance may be unvested and unavailable for division. The QDRO must address what happens to those amounts if they eventually vest post-divorce.

