1. Employee and Employer Contributions
401(k) plans typically include both employee contributions (from wages) and employer contributions (such as matching funds). In a QDRO, you must decide whether to divide just the account balance from employee contributions, or both employee and employer contributions.
The key factor here is whether employer contributions are “vested.” Any unvested portion may be forfeited if the employee leaves the company. Your QDRO should clearly state whether only vested balances are being divided or if future vesting is included.

