1. Contributions: Employee vs. Employer
Most 401(k) plans involve both employee salary deferrals and employer matching or profit-sharing contributions.
- Employee Contributions: These are 100% vested and usually straightforward to divide.
- Employer Contributions: These may be subject to a vesting schedule. Only vested amounts can be assigned to the alternate payee.
In drafting the QDRO, it is critical to specify which contributions are subject to division, especially if the participant has not yet met full vesting.

