1. Employee and Employer Contributions
401(k) plans often include both employee deferrals and employer matching or discretionary contributions. Your QDRO should specify which parts of the account you’re dividing. For example:
- Is the division based on the total account as of the separation or divorce date?
- Will it include both employee contributions and vested employer contributions?
Keep in mind that some employer contributions may not be fully vested. And anything that is not vested may be forfeited if the employee leaves the company too soon. It’s critical your QDRO accounts for these rules so you’re not waiting on money you’ll never receive.

