1. Employee vs. Employer Contributions
The 401(k) account will likely include multiple sources of money:
- Employee salary deferrals (funds the participant contributed)
- Employer matching contributions (amounts given by the company)
Employer contributions often have a vesting schedule—meaning the employee doesn’t “own” those funds immediately. Before drafting your QDRO, you need to know:
- What portion of the employer match is vested as of the division date
- How any future vesting is handled under the divorce terms

