1. Employee and Employer Contributions
In most 401(k) plans, contributions come from both the employee and the employer. It’s important to specify whether the QDRO covers:
- All contributions through the date of division
- Only employee contributions
- Only vested employer contributions
If the QDRO includes unvested employer contributions, you’ll need to confirm how the plan will handle those if they never become vested. Many plans exclude unvested funds from division, so clarity in your order is key.

