1. Employee and Employer Contributions
401(k) plans typically include both employee contributions (the portion the participant has chosen to defer from their paycheck) and employer matching or profit-sharing contributions. A QDRO can allow for division of both types, but it’s important to distinguish between them.
Many employer contributions come with a vesting schedule—meaning the employee only “owns” these funds after a certain period of service. Any unvested portion as of the divorce date is not considered divisible. If vesting is full by the time the QDRO is implemented, that needs to be considered.

