1. Employee vs. Employer Contributions
Most 401(k) accounts include both participant contributions and company profit-sharing or matching contributions. These contributions are treated differently for QDROs, especially when vesting schedules apply. You may only be entitled to a share of the vested portion of the account earned during the marriage—particularly when dealing with employer contributions.
This makes it essential to spell out in the QDRO whether division includes employee contributions only, or also vested employer contributions. We always check the vesting schedule and contribution sources to avoid costly mistakes.

