1. Employee vs. Employer Contributions
Many 401(k) plans like the Ms Expert Logistics, LLC 401(k) Plan include both employee deferrals and employer contributions. A QDRO must clearly state whether the division applies only to employee contributions, employer matching, or both.
Be mindful that employer contributions may not be fully vested. The QDRO needs to address only vested amounts unless the parties agree to wait for full vesting or negotiate another equitable split.

