1. Employee vs. Employer Contributions
This 401(k) plan likely includes both employee deferrals and employer matching or profit-sharing contributions. These must be treated differently in a QDRO:
- Employee contributions are 100% the participant’s and can be divided based on any agreed-upon formula (percentage, dollar amount, or date-based split).
- Employer contributions may be subject to a vesting schedule—which means some of the account balance may not belong to the participant and therefore not subject to division.

