1. Employee and Employer Contributions
This 401(k) likely includes both employee deferrals and employer-matching contributions. These may or may not be fully vested, depending on how long the employee has been at the company. Your QDRO must be carefully written to address:
- How to allocate pre-tax and any after-tax contributions
- Exclusion of unvested employer contributions (if required)
- Calculation of the marital portion only (usually from date of marriage to date of separation or divorce)
Filing a QDRO without understanding the vesting schedule or employer contribution matching policies could lead to future confusion—or worse, the alternate payee receiving less than expected.

