1. Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer profit sharing contributions. These two account types can be treated differently depending on the plan rules and the participant’s length of service. In a divorce, the QDRO can divide both types of contributions, but unvested employer contributions may not be available to the alternate payee (usually the ex-spouse).
The SPD will outline the employer contribution schedule, so the QDRO needs to specify whether it includes only vested portions or also attempts to include a share of future vesting. If the plan uses a graded vesting schedule, this is especially important.

