1. Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and matching contributions from the employer. It’s important to understand:
- The value of contributions at the date of separation or divorce
- Whether employer contributions are fully vested
- Whether post-divorce contributions should be included
The QDRO can divide just vested portions or specify how to treat non-vested balances that become vested in the future. You’ll want to decide whether to include earnings and losses from the division date to the date of distribution.

