1. Employee and Employer Contributions
The dividing line between employee and employer contributions is important in QDRO drafting. Employee contributions are always 100% vested immediately, but employer contributions could be subject to a vesting schedule. In the Grace Chapel Christian Church 401(k) Plan, both types of contributions could be in play.
Make sure your QDRO clearly identifies which portions of the account are to be divided—employee contributions, employer contributions, or both. If employer contributions are not fully vested, the unvested portion may be forfeited depending on the plan’s rules. This must be factored into the division strategy.

