1. Employee and Employer Contributions
401(k) plans often include both employee salary deferral contributions and employer-matching or discretionary contributions. If you are dividing this in divorce, you must decide:
- Are you dividing just the employee-funded contributions, or the entire account including employer contributions?
- Will you account for investment gains/losses from the date of separation to the QDRO processing date?
You also want to confirm which contributions are vested. Incomplete vesting can create confusion if not addressed properly in your order.

