1. Dividing Employee and Employer Contributions
In a typical 401(k), the plan includes two main sources of funds:
- Employee contributions (deferrals from salary)
- Employer contributions (matching or profit-sharing)
A QDRO needs to state clearly whether both types will be divided—or just the vested portions. For example, if the employee spouse is fully vested, both sources might be divided equally. But if employer contributions aren’t vested, the alternate payee might only receive a portion of the total balance.

