1. Employee and Employer Contributions
401(k) plans like this one typically include both employee deferrals and employer profit-sharing contributions. A common mistake in QDRO drafting is assuming that all funds are treated equally. Employer contributions often have a vesting schedule imposed by the plan rules.
In your QDRO, it’s crucial to clarify:
- Whether the alternate payee will receive only vested balances
- If division applies to both employee and employer contributions
- The valuation date for the award (e.g. date of separation, date of divorce)

