1. Employee and Employer Contributions
One of the first things to clarify is whether the QDRO will divide:
- Only employee contributions,
- Both employee and employer contributions, or
- Only vested contributions as of a certain date.
Because this is an employer-sponsored 401(k), employer contributions may be subject to vesting schedules. Many people mistakenly assume the match is automatically theirs. Not so—unvested funds as of a set valuation date could be off-limits.

