1. Division of Employee and Employer Contributions
The QDRO must make clear whether the award applies to
- Only the employee’s contributions
- Both the employee’s and employer’s contributions
- Investment earnings and losses after the division date
Most QDROs for the Fervo Energy 401(k) Plan are written using a percentage allocation—for example, awarding 50% of the marital portion of the account as of a specific date. It’s essential to spell out whether that percentage includes unvested employer contributions.

